Understanding Medical Malpractice Claims in Ontario

Medical malpractice claims arise when a physician falls below the standard of care expected of a similar physician practicing in Ontario.

Everyone who interacts with the medical system should understand medical malpractice. This blog provides an overview of what constitutes medical malpractice, the necessary components of a claim, and the steps involved in pursuing compensation in Ontario.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional (such as a doctor, nurse, or therapist) fails to follow the standard of care that a reasonably competent healthcare provider would follow under similar circumstances and this failure to follow the standard of care results in harm to the patient.

Common Types of Medical Malpractice

1. Misdiagnosis or Delayed Diagnosis: The failure to diagnose or a delay in diagnosing a condition can prevent a patient from receiving necessary treatment, leading to a worse outcome for the patients.
2. Surgical Errors: Mistakes made during surgery, such as operating on the wrong injury site or leaving surgical instruments inside the patient, can be catastrophic for the patient.
3. Improper Treatment: Providing incorrect treatment or managing a patient’s condition in a way that no other competent healthcare provider would in Ontario.
4. Medication Errors: Prescribing or administering the wrong medication or dosage to a patient or failing to properly monitor a patient for side effects he or she is experiencing from that medication.
5. Failure to Warn of Risks: Healthcare providers must inform patients of known risks associated with a procedure or treatment. This is known as the duty of informed consent in Ontario law.

Essential Elements of a Medical Malpractice Claim

To successfully prove medical malpractice in Ontario, a claim must typically include the following elements:

1. Duty of Care: Establishing the duty of care expected of the provider to his or her patient in Ontario.
2. Breach of Duty: Demonstrating that the provider violated the standard of care expected of him or her in the circumstances.
3. Causation: Linking the breach of duty directly to the injury or harm experienced by the patient.
4. Damages: Showing that the breach of duty resulted in the patient suffering damages, such as physical injury, emotional distress, additional medical expenses, or lost income.

Steps to Filing a Medical Malpractice Claim in Ontario

1. Consult with a Medical Expert: In Ontario, you usually need a medical expert to review the case and provide an opinion that the treating professional fell below the standard of care.
2. Obtain Medical Records: Comprehensive medical records are crucial for establishing the details of care provided to the patient and the patient’s damages.
3. Hire a Skilled Medical Malpractice Lawyer: An experienced lawyer can navigate the complexities of Ontario medical malpractice law and advocate on your behalf.
4. File a Lawsuit: Once your lawyer has gathered sufficient evidence, a lawsuit can be filed against the healthcare provider.
5. Discovery Phase: Both sides exchange information and investigate the claims and defences.
6. Negotiation and Settlement: Many medical malpractice cases in Ontario settle out of court if the Defendant acknowledges he or she fell below the standard of care.
7. Trial: If a settlement is not reached, the case may go to trial, where a judge or jury will determine if the medical professional breached the standard of care and, if so, award damages to the patient.

Why Legal Support is Crucial in Ontario Medical Malpractice Cases

Medical malpractice claims are among the most challenging types of legal actions due to the need for specialized knowledge of both Ontario law and medicine. Lawyers experienced in this field are essential for interpreting medical records, hiring the right experts, negotiating with the other side, and, if necessary, presenting the case in court.

Here to Assist with Your Claims

At Nelligan Law, we understand the complexities of medical malpractice in Ontario. Our experienced team is committed to handling your case with the sensitivity and dedication it deserves. Contact us for expert guidance and support throughout your medical malpractice claim process.