Medical malpractice claims are negligence claims against a medical practitioner where the care provided to the patient falls below the expected standard of care of a doctor or clinician. The claim can be against a doctor, nurse, care aide, pharmacist, dentist, therapist, chiropractor, hospital or clinic.
Even on what appears to be the most obvious negligent actions of a medical practitioner, it would be a rare event if the insurance company for the clinician outright admits liability and offers compensation without forcing the patient into long protracted litigation. It’s common knowledge that the insurance companies for medical practitioners in British Columbia take a hard-line approach as means to discourage such claims from being pursued.
As a result, self-represented litigants will likely have a very difficult time pursuing any sort of claim against a medical practitioner, making hiring a lawyer all but a necessity. This hard-line approach also discourages many personal injury lawyers from taking on such claims due to the risk, as well as the amount of time and expense needed to meet the necessary legal and evidentiary standards of proof.
Some examples of our firm’s medical malpractice experience includes:
- Surgical errors including surgery on the wrong body part, substandard workmanship, leaving items in the cavity of the patient;
- Lack of informed consent;
- Failure to diagnose or delayed diagnoses;
- Errors in providing proper medication to the patient;
- Anaesthesia errors, including brain injury caused by lack of oxygen supply
- Negligent care by nurses;
- Dental malpractice;
- Medical errors based on poor communication between the care providers; and
- Birth injuries, generally involving brain injuries, due to negligent delivery of the fetus or prenatal care errors.
Our law firm, with decades of experience in medical malpractice cases, have been successful in prosecuting medical practitioners where the negligence has resulted in significant damages to the patient.
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