There is a wide array of medical services provided by doctors including specialized or elective procedures. With any healthcare procedure, there is a degree of risk. Most cases involving medical malpractice are framed in negligence and battery. Doctors can also be held liable for breach of contract in some exceptional circumstances. In a doctor-patient relationship,…
In our prior blog posts we have discussed informed consent in medical malpractice claims. As established by the Supreme Court of Canada, the key points to informed consent are: The doctor must disclose the nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient. The…
Doctors are placed in a position of trust and confidence when dealing with patients. The relationship between doctor to patient falls into a special category of relationships which are known as fiduciary. Doctors are considered fiduciaries and patients are considered beneficiaries. A doctor’s obligation to act in his/her patient’s best interests is understood as the…
In all medical malpractice claims, the injured claimant has the burden of proving that the doctor was negligent. This involves proving on the balance of probabilities that that the doctor owed a duty of care to his/her patient, that the doctor failed to meet the standard of care expected of him/her and that this negligence…
As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not…
As discussed in previous articles, medical malpractice claims are legally complex and inherently risky due to the expert evidence required to prove negligence against doctor. The first essential component to a successful medical malpractice claim is proving that the doctor owed a duty to care to his or her patient. Once it has been proven…
Most medical procedures involve some level of risk. Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not to proceed. This is known as informed consent. A doctor’s obligation to obtain…
If you have been injured as a result of medical malpractice, the Limitation Act sets out maximum time periods in which a legal action (lawsuit) must be brought against medical practitioners. If a lawsuit is not filed by the deadline, known as the limitation date, then the claim expires and it is voided. It is,…
In British Columbia and throughout Canada, it is no secret that our hospitals are overcrowded and that they are not equip to adequately handle the amount of patients who require care. As hospitals try to deal with overcrowding, patients are sometimes being treated or held in unconventional places such as hallways, staff rooms and supply…
Medication is often prescribed to claimants who are injured in motor vehicle accidents to help manage pain and to help control psychological injuries such as depression. What happens if your doctor prescribes a medication incorrectly and you suffer from additional or worse symptoms as a result? Is ICBC liable for the full extent of your…