In prior blog posts on medical malpractice causation, we discussed the significant challenges in succeeding in a medical malpractice claim against a doctor. What is commonly at issue in many medical malpractice claims is causation. Causation is an essential element in not only medical malpractice claims, but also in all personal injury claims. The standard…
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 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…
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…
Medical malpractice claims are very complex and inherently expensive due to the expert evidence needed to prove negligence against a doctor. The reason why medical malpractice claims are expensive is because of the expert evidence needed to successfully prove that a doctor’s negligence and the injuries caused by that negligence. In this regard, most medical…