What is the difference between medical malpractice and medical negligence?
Malpractice refers to a professional who practices medicine. This could be a Physician or Surgeon whose practice would include scheduling tests, blood work, performing surgery, etc. Malpractice would be the improper practice of the day-to-day job activities of the Professional.
Medical Negligence is a more broad use of the term and could extend to negligent acts of staff members or of the hospital in the operation of a person or an organization that failed to meet the standard of care that is owed to a patient.
What is the average payout for medical negligence in Ontario?
This differs based on each individual. Everyone has a different background, different symptoms, different complications from someone else. There is no “ average payment”. Our Lawyers at CRB Law would be able to provide you with an assessment of a Claim following the production of evidence and medical records for the injured or deceased individual who was a victim of medical negligence.
How can you prove Medical Malpractice?
Malpractice is proven with a supporting report from a Peer / Colleague in the same medical field as the individual who is alleged to have made a mistake in the care of the patient. It requires proof that a reasonable medical care provider would have “done something differently” as a normal course of practice and by doing so would result in a very different and less severe outcome for the person who has been damaged from the medical malpractice.
How long does a medical malpractice lawsuit take in Ontario?
All Claims are different. Some medical malpractice claims may resolve prior to the need to issue a lawsuit by way of a Statement of Claim within the two-year period of the limitation requirement. For others, they may extend into a lawsuit and proceed through the Court system.
Medical Malpractice Basics
What Is Considered Medical Malpractice?
Medical Malpractice is a term used to imply that a Medical Care Provider failed to meet a standard called a “duty of care” for a reasonable provider in the same field and training given the information that was provided to him or her at the time of the alleged incident. Malpractice notes that the treatment or lack of treatment provided fell below what would be a reasonable duty of care for that provider.
What Courts Do NOT Consider Malpractice
Medical Malpractice is not a symptom or side effect of an operation or treatment. It is not a casual link of health issues that are presented to the Physician or Treatment Provider before the involvement of that individual. It is not a complaint of the length of time or speed of the Hospital or Medical System in the Province of Ontario.
Common Types of Medical Malpractice
It is oftentimes difficult to identify when medical malpractice has occurred. Not every negative outcome is the result of a mistake by a physician or healthcare professional and when an error has occurred, doctors are often reluctant to admit that a mistake has been made or point the finger of blame at another physician. Here are the most common types of medical malpractice:
- General Negligence
- Psychiatric Evaluation Errors
- Delayed Treatment
- Bacterial Infection
- Medication Errors
- Surgical Mistakes
- Incorrect Anesthetic Dosages
- Birth Injuries
Statute of Limitations for Medical Malpractice Claims in Ontario
The general statute of limitations for personal injuries in Windsor and throughout Ontario is two years from the date of the accident. However, in the case of medical malpractice, the error may become apparent after months or years. This is why medical malpractice claims have a time limitation of two years from the moment the error becomes apparent. Medical Malpractice Compensation
Medical Malpractice Compensation
The types of claims for Medical Malpractice vary. They can include an improper cancer diagnosis for which cancer was identified, treated and invasive surgery to find out that there was no cancer. Alternatively, it could be in a case where a cancer diagnosis is missed by a practitioner and the treatments could have resulted in minor surgery or treatment to recovery.
Claims may be related to failing to recognize the need for surgery on an infection that results in an eventual amputation.
Claims may result in the untimely act of the hospital or staff when a person is having a stroke or in need of immediate medical attention.
Claims may result from an improper surgery that caused additional and unexpected issues and medical health difficulties.
As a medical malpractice victim in Windsor, Ontario, you may be compensated for:
- Mental Anguish
- Cap on General Damages
- Loss of Consortium
- Pain and Suffering
- Loss of Income
- Loss of Earning Capacity
- Home Maintenance
- Rehabilitation Costs
- Medical Expenses