When you go to a doctor, you expect them to provide you with the highest standard of care possible. Unfortunately, doctors sometimes fall short of this duty. An incident where medical professionals fail to meet an appropriate standard of care that impacts a patient’s ability to recover from their injury or ailment is called medical malpractice. Victims of medical malpractice can see their condition worsen, leading to additional treatment or medication. If you believe you were failed by healthcare providers and have experienced medical malpractice, you likely only have a small period of time to take action and make a claim against your doctor.
What Is Medical Malpractice?
As mentioned, medical malpractice occurs when a doctor or other healthcare professional fails to uphold a proper standard of care which directly causes a patient’s condition to worsen. Not every negative situation with a doctor is actionable, as genuine mistakes can and do happen. Medical malpractice must fulfill the legal standards related to the standard of care and causation.
- Standard of care in medical practice relates to the customary practices a medical professional should employ when dealing with a specific injury or illness.
- Causation is the required proof a victim needs to demonstrate that a doctor’s negligence caused the victim’s problems to occur.
Examples of Medical Malpractice
Medical malpractice can take many forms, each with potentially life-altering consequences. Understanding the different types of medical malpractice is essential for recognizing when a healthcare provider’s actions may have crossed the line into negligence. Some common examples include:
- Prescription error: The incorrect medication is prescribed
- Misdiagnosis: An incorrect diagnosis was made after the doctor failed to follow proper protocols
- Diagnosis delay: A doctor delayed a diagnosis
- Surgical error: A surgeon did not follow the standard of care during the operation which led to an error
- Anesthesia error: An anesthesiologist did not follow the standard of care when providing anesthesia
- Birth injury: A newborn child or mother is harmed during or after birth due to negligence
- Informed consent failure: Medical professionals fail to provide a patient with proper information related to the risks associated with their procedure or medication
Medical Negligence Statute of Limitations
The Limitations Act sets all time limits to begin a lawsuit in BC, regardless of the type of lawsuit. The medical malpractice statute of limitations in BC is two years from either the date of the negligent actions or two years from when the patient knew or ought to have known their medical provider was acting with negligence. If a claim is filed after this limitation period, the claim will very likely be considered void.
Medical Malpractice Statute of Limitations Exceptions
A different standard of statute of limitations applies to children and people with disabilities. If a child is the victim of medical malpractice, the child has until the age of 21, two years after they become an adult, to file a claim.
The statute of limitations for individuals with disabilities is very similar. A person with disabilities can file a claim when they are no longer considered disabled. Otherwise, that person is only subject to the ultimate limitation period which is fifteen years from the date of the negligent actions or the discovery of those actions.
These provisions are designed to ensure that vulnerable individuals have sufficient time to pursue legal claims after they become capable of doing so.