Medical professionals have a duty to provide patients with a basic standard of care. Unfortunately, patients may not receive appropriate care—be it for childbirth, a sudden illness, or a routine procedure. Medical malpractice, or negligence, harms thousands of adults and children each year, but filing a claim against the responsible party is more complicated than you may think.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the appropriate standard of care during a medical appointment or procedure, creating a dangerous, life-threatening situation. Though medical personnel are highly trained, they are also human and accidents can occur. Therefore, healthcare providers can’t be penalized with medical malpractice claims just because a patient didn’t obtain a perfect, positive outcome. Rather, the victim must prove the medical professional acted with negligence and breached the basic standard of care. Some examples of medical malpractice include surgical errors, failure or refusal to treat, failure to inform the patient of risks, medication mistakes, and missed or delayed diagnoses.
How to Start a Medical Negligence Claim
British Columbia typically asks you to provide evidence that negligence occurred, often alongside testimony. Understanding BC’s medical malpractice process step-by-step may help you move forward and make important decisions regarding your claim.
Step 1
Consult With a Medical Malpractice Lawyer
If you believe you or a loved one suffered due to medical negligence, it’s critical to contact a skilled lawyer as soon as you can. These professionals can review your case and discuss your options. If they believe you have a valid case, your lawyer will begin to build your case. Having legal support can be invaluable when recovering from injury or learning to live with a disability. The medical malpractice lawyers at Stephens & Holman are prepared to help you through this process.
Step 2
Identify Liable Parties
Once you have a case, it’s crucial to determine whose negligence and breach of duty of care directly resulted in your injury. Identifying all liable parties ensures your claim addresses every individual or entity responsible for the harm you’ve suffered. Liable parties could include:
Healthcare professionals
Nurses, physicians, surgeons, anesthesiologists, and other healthcare providers whose actions (or inactions) caused or contributed to your injury.
Medical facilities
Hospitals, clinics, or treatment centers may be held accountable for systemic issues such as lack of proper training or failure to maintain safe premises.
Step 3
Build Your Case
After identifying the liable parties, the next step is to build a strong case to support your claim. This process involves gathering evidence, consulting with experts, and establishing a clear connection between the breach of duty and your injury. Key steps to building your case include:
Collecting evidence
Obtain all relevant medical records, test results, and documentation of your treatment. Photos, videos, or witness statements that support your claim can also be invaluable.
Consulting experts
A lawyer can seek out medical experts to provide opinions on the expected standard of care and how it was breached in your case. Their testimony can be critical in explaining complex medical issues to a judge or jury.
Preparing legal arguments
Work with your legal team to identify key facts, anticipate potential defenses, and craft a persuasive narrative to present your case effectively.
Step 4
Determine Damages
As you build a case, your lawyer will help you figure out what damages you might be entitled to. This involves assessing the full scope of harm endured, including both tangible and intangible losses. Injury severity, impact on life, and overall prognosis will impact the amount of compensation your lawyer will seek in damages. There are three types of damages to consider:
Economic damages
These are financial losses like medical expenses, lost wages, and loss of earning capacity.
Non-economic damages
These damages help compensate for intangible losses like pain and suffering and emotional distress.
Punitive damages
These are monetary awards granted to punish the wrongdoer for particularly reckless, malicious, or grossly negligent behaviour, serving as a deterrent to others.
Step 5
File the Case Within the Medical Malpractice Limit
It’s critical to begin the medical malpractice claims process as soon as you are aware of the injury. However, diving right into the lawsuit process may not be the healthiest choice. A medical malpractice lawyer is there to help you figure out your timeline so you can focus on recovery. The limit to file these claims for compensation in British Columbia is two years from the date of the injury or death, and it takes time to build your case.
When to Work With a Medical Malpractice Lawyer?
A medical malpractice lawyer can help you face tactics the Canadian Medical Protective Association (CMPA) may throw your way during the medical malpractice process. The CMPA was founded in 1901 as a not-for-profit organization to help medical professionals support one another and improve the spectrum of care they provide. Stephens & Holman is ready to help you obtain the compensation you deserve. Contact our lawyers today to schedule your complimentary claim review.