Medical Malpractice Claims

By definition, medical malpractice means professional negligence that manifests in act or omission by someone who is a health provider. As such, there is lack of treatment given and way under the conventional ways of the medical community’s practice, and such negligence causes injury, damage or death of a patient. Commonly, medical malpractice claims are available to victims who suffer from physical and emotional damage.

Physicians’ Liability Insurance for Medical Malpractice Claims

All physicians in Canada who work in the hospitals or as private practitioners are required to get a liability insurance. It is obtainable via the CMPA or the Canadian Medical Protective Association. Unlike insurance companies, the CMPA is open for bigger amount of settlements on legit expenses. That are for cases that plaintiffs are sure to win.

Moreover, the CMPA protects and safeguards all doctors. It has huge assets amounting to $2.7 Billion as stated in its 2010 yearly statement. This means their insurer has hefty funds to wage legal battles. Money, according to them, is not the real issue, but the integrity of a physician is!

The Doctor’s Negligence Compensation

The Supreme Court of Canada sets the guidelines that cap compensation on pain and suffering on its decided cases. In its 3 decisions issued in 1978, the SC established a maximum of $100,000 for damages under non-pecuniary losses. Moreover, the Supreme Court also limits the kinds of cases involving punitive injuries, but it allows up to $1 million in punitive damages for cases that are extraordinary.

Consequently, Canadians suffering from injury due to the doctor’s negligence are eligible to file medical malpractice claims. Nonetheless, the challenge is on how to acquire a fair and just compensation for their tragedies. Victims must prove that the care extended by the physician is below standard. Hence, such breach of duty was the main reason causing injury or death.

The Common Types of Medical Practitioner’s Misconduct or Negligence

• The doctor’s failure to attend an ill person.
• The medical practitioner’s incorrect diagnosis or re-diagnoses.
• The physician fails in consultation and referral.
• The doctor fails to warn and protect third parties.
• The health practitioner has failure to report an abuse.

Lastly, to win a legal battle involving medical malpractice issues, contact an expert personal injury attorney. Legal claims must be filed within 2 years or earlier after the doctor’s failed treatment. Talk to one of our best Personal Injury Lawyer Canada to file the medical malpractice claims. They can handle your problem and will certainly get the best benefit that you deserve!