Safeguarding Your Rights:
Private Investigator’s Assistance in Medical Malpractice in Canada
Winning a medical malpractice claim in Canada is a formidable challenge, given its complex nature, intricate legal and medical issues, and the adversarial and time-consuming processes involved. Physicians, often members of the Canadian Medical Protective Association (CMPA), are well-funded to defend against such claims. However, if you’ve suffered harm due to medical malpractice, you have the right to seek compensation for damages. Collaborating with knowledgeable medical malpractice lawyers and Private Investigators becomes crucial in navigating this challenging journey. Here are ten essential things to know about medical malpractice:
1) Physicians are Protected by the CMPA:
The CMPA, supporting and defending physicians, boasts a substantial “war chest” of $5 billion. This fund aids in legal support for physicians facing malpractice suits, highlighting the daunting challenge patients face in pursuing claims.
2) Proving Physician Negligence:
To establish a medical malpractice case in Canada, patients must prove the existence of a patient-healthcare practitioner relationship, negligence by breaching the standard of care, and a direct link between negligence and sustained damages. Examples of negligence include surgical errors, medication prescription mistakes, failure to obtain informed consent, and inadequate aftercare.
3) Seeking Compensation Despite CPSO Decisions:
A dismissal by the College of Physicians and Surgeons of Ontario (CPSO) doesn’t preclude seeking compensation through civil action. CPSO decisions can reprimand physicians but cannot enforce compensation, a pursuit only achievable through a civil lawsuit.
4) Statute of Limitations:
Time is of the essence in filing medical malpractice claims. The statute of limitations, varying by province, typically allows two years to commence a claim. Exceptions exist, such as birth trauma cases, where the clock starts when the child turns 18.
5) Joint Liability of Hospitals and Physicians:
Hospitals can be held responsible for injuries resulting from the negligence of employees acting under their direction. Naming both physicians and hospitals in malpractice suits is common due to the collaborative nature of medical care.
6) Supreme Court Limits Damages:
The Supreme Court of Canada imposes a cap on “general damages” for pain and suffering, currently capped at $350,000. This cap, adjusted for inflation, only applies to non-quantifiable damages affecting quality of life.
7) Lengthy Process of Claims:
Medical malpractice claims involve extensive investigation and expert opinions, leading to a lengthy process. The CMPA’s commitment to defending physicians, prioritizing reputation over economics, further extends the duration of litigation.
8) High Costs of Medical Malpractice Claims in Canada:
Proving negligence requires expert evidence from various medical professionals, resulting in substantial costs. Disbursements for a medical malpractice lawsuit can range from $50,000 to $200,000.
9) Essential Role of Legal Counsel and Private Investigators:
Facing the CMPA’s vigorous dispute of malpractice claims requires experienced legal counsel. Private Investigators play a crucial role in gathering evidence, ensuring a thorough investigation, and enhancing the chances of success throughout the litigation process.
If you have been a victim of medical malpractice, seeking professional legal advice and assistance is crucial. Contact Investigation Hotline for a free consultation and guidance on pursuing your medical malpractice claim.
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