Understanding Damages in Ontario Medical Malpractice Cases

After proving that a doctor fell below the standard of care in Ontario, the next step involves the assessment and awarding of damages to the injured patient.

Damages are intended to compensate the patient for the losses and harm they suffered due to the medical negligence. This blog explores the different types of damages in Ontario medical malpractice cases, how they are calculated, and the factors that influence their amount.

What are Damages in Medical Malpractice?

Damages in medical malpractice refer to the financial compensation awarded to the plaintiff for losses resulting from a healthcare provider’s negligence. These are typically categorized into several types:

1. Economic Damages: These cover quantifiable financial losses the patient has incurred and will incur in the future. They include:
   • Medical Expenses: Costs for past and future medical care related to the injury.
   • Lost Wages: Compensation for income lost due to the inability to work following the injury.
   • Loss of Earning Capacity: Future lost earnings if the patient is unable to return to work in the same capacity as he or she did before the incident.
2. Non-Economic Damages: These compensate for non-financial losses, which are more subjective and vary from one case to another. They include:
   • Pain and Suffering: Compensation for the physical pain and emotional distress the patient suffered because of the medical injury.
   • Loss of Enjoyment of Life: Damages for the patient’s inability to engage in hobbies and other activities they enjoyed before the injury.
3. Family Law Act damages: These damages compensate the patient’s family members for the loss of care, guidance and companionship they have suffered because of the patient’s medical injury. These damages can also compensate a family member, such as a spouse, for the additional caregiving or attendant care support they are providing to their injured loved one.

Calculating Damages in Ontario

The calculation of damages in medical malpractice cases can be complex and often requires expert testimony, especially for estimating future losses. The court will consider the following factors:

• Severity and Permanency of the Injury: More severe and long-lasting injuries typically result in higher damages.
• Impact on Quality of Life: How significantly the injury affects the daily life and functioning of the patient.
• Patient’s Age and Health Prior to the Incident: Younger patients or those who were in good health might receive larger awards for future damages when the injury is going to be permanent and life-long.
• Economic Factors: Considerations such as the patient’s occupation, salary at the time of the injury, and expected future earnings.

Factors Influencing the Award of Damages

Other factors that impact damages include:

• Caps on Damages: In Canada, damages for pain, suffering and loss of enjoyment of life were capped by the Supreme Court in the 1970s at $100,000. This amounts to approximately $425,000 – $450,000 in today’s damages. The maximum amount is reserved for the most severe cases.
• Contributory Negligence: Sometimes a court determines that a patient caused or contributed to their own injuries. Where an injury is partially a result of the patient’s own actions, the court will reduce the amount of damages that the Defendant must pay to him or her.

Legal Assistance in Claiming Damages

Given the complexities involved in calculating and negotiating damages, having skilled legal representation is crucial. A knowledgeable Ontario medical malpractice lawyer can help:

• Assess the Full Extent of Damages: Ensuring all potential areas of compensation are considered.
• Gather Necessary Documentation and Expert Opinions: Building a robust case to support the claim for damages.
• Negotiate or Litigate for Fair Compensation: Advocating on the plaintiff’s behalf to secure the highest possible settlement or judgment.

Here to Assist with Your Claims

If you or a loved one has been the victim of medical malpractice in Ontario, it’s important to understand your rights to compensation. At Nelligan Law, we understand these complexities. Our experienced team is committed to handling your case with the sensitivity and dedication it deserves. Contact us for a free consultation.