The Medical Malpractice Lawsuit						How compensation is awarded: The amount of compensation that the court awards is based upon the extent or effect of the injury suffered. The amount of damages in a case is affected by the duration of the injury, the effect on the plaintiff's lifestyle, whether it has affected the plaintiff's ability to earn a living and whether the plaintiff requires any special care equipment or assistance such as wheelchairs, attendant care or housekeeping help. When (and when not) to consider a medical malpractice suit: Because of the costs involved, a medical malpractice case should only be started if it involves a significant and serious injury. That usually means a permanent injury that will have ongoing impact on the plaintiff's income and/or will require significant future care. Where the patient endured considerable pain and suffering for some period of time, but is now fully recovered, the potential case is probably not economically practical. In British Columbia, if the malpractice has resulted in death, major compensation is limited to the economic loss suffered by people who were dependent on the deceased. This means the loss of a portion of the deceased's income and/or the loss of household services previously performed by the deceased. Tragic as the death of a child or an elderly person may be, it rarely gives rise to a case that can be pursued cost effectively.
	What it is and what you should know Definition: A medical malpractice lawsuit is one in which a person alleges that a doctor or other health professional has caused injury by providing care that wasn't in accordance with the accepted standard in the profession. Examples include failing to diagnose a condition, failing to refer the patient to a specialist, providing wrong or incomplete treatment, or errors during surgery. In the case of nurses, malpractice can include failing to notify a doctor about what is happening with the patient. Two things the injured patient MUST prove: 1. The doctor acted in a way that falls below the accepted standard. It is not enough that there was a bad, or even tragic outcome. That can happen in spite of the best medical care. Nor is it enough to show that some doctors would have handled the situation differently. There can legitimately be two schools of thought within the profession. The injured person (the plaintiff) must prove that the doctor did not meet the generally recognized standard of care. This almost always requires expert evidence from one or more doctors in the same field or specialty. 2. The doctor's error caused injury or death. This is sometimes the most difficult issue, requiring the evidence of medical experts. There are situations where the outcome would have been the same, even if the mistake had not been made. For example, it may be possible to prove that a doctor fell below the standard in failing to make an earlier diagnosis of a disease, but it may be that even the earlier date at which the doctor should have made the diagnosis would still have been too late. In cases involving children injured at birth, there is frequently a dispute about whether the injury resulted from the negligence of the doctor at birth or whether it was caused by some genetic condition or something that happened earlier in pregnancy.
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All of the Medical Malpractice lawsuit information on this website is according to the law of B.C. and some aspects may vary in other jurisdictions. Do not apply any of the information set out in this website to your personal circumstances without first discussing it with Pacific Medical Law, or another lawyer.