How Can I Obtain Compensation for an Injury Suffered in the Course of Receiving Medical Care

When you see a health care professional for a health-related problem, you expect to be treated respectfully, to have your concerns addressed, and to receive competent and safe medical care and treatment. But what if that doesn’t happen, and as a result of that health care professional’s advice or actions, you end up worse off than when you started? Not all bad outcomes in health care are related to negligence, but how can you find out if your injury or illness could have been avoided with appropriate care?

Generally speaking, a medical malpractice lawsuit is warranted if the patient has suffered permanent life-altering injuries due to negligent medical care. Serious injuries to a baby during labour and delivery are an example of injuries where an investigation is warranted to determine if a lawsuit could be successful for the baby.

Here are a few examples of the kinds of injuries that can result from medical negligence:

Spinal cord injuries can be life altering, and can include quadriplegia and paraplegia but also less severe injuries that can still have a serious impact on your life. A spinal cord injury may be caused by number of things including:

failure to properly diagnose, immobilize and surgically repair a spinal cord fracture following a traumatic fall or injury, resulting in spinal cord injury;
a delay in treating a herniated disc or an infected abscess that causes compression on the spinal cord; or
failure to diagnose and treat cauda equina syndrome.

Not all spinal cord injuries are caused by medical negligence but when they are, it may be possible to obtain compensation for the cost of future care, support, therapy, equipment, home modifications etc, as well as other losses such as loss of income, through a lawsuit.

These are some examples of settlements obtained on behalf of patients who sustained a spinal cord injury due to medical negligence:

The key to having a full recovery from a stroke is timely and correct diagnosis and treatment. If a patient with stroke symptoms is not promptly assessed it may be too late for any treatment to have a meaningful impact on the patient’s recovery. There are two primary forms of stroke – one is caused by a clot that blocks blood flow to an area of the brain (called a thrombotic or ischemic stroke). The other is caused by bleeding in the brain (called a hemorrhagic stroke). It is important for the health care provider to conduct appropriate assessments so they can understand what kind of stroke the patient is experiencing and administer the correct treatment in a timely manner. If the cause of the stroke is misdiagnosed, the wrong treatment can make the situation worse.

These are some examples of settlements obtained on behalf of patients who sustained a brain injury due to a failure to properly diagnose and treat stroke symptoms:

Sometimes medical complications occur during a surgery. While there are often recognized risks associated with a surgical procedure, there are often also steps that can be taken to avoid those risks from occurring. Cases involving errors during surgery can be difficult to investigate, but a medical expert review of a case may identify if there was negligence in the procedure. In some cases, it is injury to the bowel or other organ during the abdominal procedure that is identified as being negligent, and in some cases it is the delay in recognising and treating the injury that is the focus of the negligence claim. Both can lead to serious illness and life-altering injuries.

These are some examples of settlements obtained on behalf of patients who sustained injuries during surgical procedures due to medical negligence:

If you experienced an injury that may be the result of medical negligence and you wonder if your injury could have been avoided or if you are entitled to compensation for your injuries, contact us. Our team of experienced lawyers and medical specialists can review the medical care you received and help answer your questions. We understand that making the first call can be daunting. Rest assured, a consultation with us is confidential and free of charge.

We will provide you with the information and advice you need to make informed decisions about your future and ensure that your rights are protected. Contact Pacific Medical Law Today | Free Consultations

The compensation available to an injured patient varies depending on the specific circumstances of the individual person. Appropriate compensation is determined in part by experts who will estimate the amount of money needed to provide for the care that is required for the rest of the patient’s life and to replace lost income. There are other categories for compensation as well. Examples of the amount of compensation awarded in specific cases can be found here: Settlements And Cases Won

The purpose of pursuing a lawsuit is to obtain compensation for your injuries and losses. The focus of compensation is to put the injured person back in the position he or she was in prior to the injury, to the extent money can do so. This compensation typically includes the following categories:

Costs of future care: This includes the cost of personal support workers, homemaking assistance, equipment, therapy and treatment, home modifications, and any other medically justified care and support you may need for the rest of your life. Medical experts such as physiatrists, psychologists, nurses, physiotherapists, occupational therapists and speech language therapists as well as vocational, accessible home construction and economic experts are typically used to assess the care you will need in the future.
Lost income: This includes the loss of income you were earning at the time you sustained your injury, if you can either no longer earn income or no longer earn as much income as you had prior to your injury. If you had not yet entered the workforce because you were still a student, or if you were temporarily unemployed at the time you were injured, vocational and other experts can assist in calculating how much you would have earned in the future over your lifetime had you not been injured, and calculate fair and reasonable compensation.
Pain and suffering/Non-pecuniary compensation: For many patients, their most significant loss is not the economic loss associated with their injury; rather it is the loss of their hobbies and activities that they once enjoyed and that gave their life meaning and fullness, or the chronic nature of their pain or extensive effort associated with doing tasks that they once took for granted as being simple and effortless. Some of our clients refer to this loss as a loss of their quality of life, a loss of their identity, a loss of their dignity or a loss of their relationships as they once were. This loss of significant and is not to be overlooked. Compensation for this loss is referred to as non-pecuniary compensation or compensation for pain and suffering.In 1978 the Supreme Court of Canada set an upper limit of $100,000 for how much an injured person can receive to compensate them for the pain and suffering they experienced as the result of negligence. This number increases with inflation, and in 2023 it was just over $400,000.
‘In Trust’ Claims: Often times, family and friends are required to provide significant care and support to an injured loved one, especially during the period of time before the injured person receives any financial compensation to hire personal support workers or other care professionals. At times, family members must stop working or reduce their hours in order to provide the level of care and support required. ‘In trust’ claims are included in the injured patient’s claim to provide compensation to these family members and/or friends for the care provided which is above and beyond what is typically expected from these relationships.
Special Damages (Past injury-related expenses): This includes money you have had to spend out of your own pocket for things you would not have required if you had not been injured. These expenses must be reasonable, and must have a medical basis. They can include things such as attendant/nursing care, renovations to a home or vehicle, medications and equipment and therapies.
Tax gross up: This recognizes that if you receive a settlement or court awarded funds, and you invest those funds, you will have to pay tax on the interest that accrues on these funds. To ensure that paying those taxes does not erode the funds awarded for care, the defendant can be required to pay the calculated amount of tax that would need to be paid.
Management and Trustee fees: Management fees are financial advisor/management fees that may be required to assist people in investing their settlement or court awarded funds. Most people would have difficulty knowing how to prudently invest a large sum of money to ensure it lasts over their lifetime to pay for their necessary care. Trustee fees are awarded in cases where it is necessary for the funds to be managed by a professional trustee due to the injured person being a minor or being incapable of making decisions on how to prudently spend the funds due to brain injury or other conditions which may impair their decision-making ability.

If you have been injured in the course of receiving medical care, you have likely already incurred significant expenses and financial losses. Pursuing compensation for a medical malpractice case can be expensive, and these expenses cannot come at a worse time. Most of our clients cannot afford to pay a lawyer’s hourly fees or the expenses associated with pursuing a medical malpractice lawsuit.

So how can anybody successfully pursue a lawsuit against a doctor or other health care professional? A contingency fee agreement makes it possible.

Our process:

Everyone who contacts Pacific Medical Law to discuss the possibility of starting a lawsuit against a health care professional or a hospital receives a free and confidential initial consultation. This process allows us to understand the injured person’s concerns, to provide some initial general legal information and to determine if we are able to assist in pursuing compensation by commencing a legal action.

Prior to starting a legal action, we engage in a thorough investigation to determine if a legal action has merit and is likely to result in obtaining financial compensation for our client’s injuries and financial losses. Once our investigation is complete, if we obtain expert opinions that suggest that your case has a reasonable prospect of success, we will pursue the case on your behalf on the basis of a contingency fee agreement. The terms of the contingency fee agreement are explained in writing in a document that forms the basis of our working together.

Generally speaking, a contingency fee agreement means we do not bill our time on an hourly basis. We only get our legal fees paid if we obtain a settlement for you, or win the case at trial. There are rules governing the use of contingency fees in British Columbia, and important consideration relating to the costs and risks of medical malpractice actions. These costs and risks are carefully reviewed with our clients prior to entering into a contingency fee arrangement and prior to commencing a medical malpractice claim. The Rules of the Law Society of British Columbia also set out the requirements for using contingency fee agreements, including the maximum contingency fee percentage. Lawyers’ Fees | The Law Society of British Columbia

If you have questions about whether we may be able to assist you in obtaining compensation for an injury you suffered due to medical malpractice on the basis of a contingency fee agreement, please contact us. Our team of experienced lawyers and medical specialists can review the medical care you received and help answer your questions. We understand that making the first call can be daunting. Rest assured, a consultation with us is confidential and free of charge.

Most people have heard of a “statute of limitations” – the idea that you have only a certain amount of time to start a lawsuit.

In British Columbia, it is the Limitation Act that describes the time-frame within which a lawsuit must be started. Although it is simple to describe the basic principles, there are important nuances that can affect the timing. Generally speaking, an adult cannot start a lawsuit more than 2 years after the day on which they knew or reasonably ought to have known that injury, loss or damage had occurred, that the injury, loss or damage was caused by or contributed to by an act or omission of the person against whom the claim is or may be made and that, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or damage. Generally speaking, the same rules apply to a minor, except the 2-year limitation does not begin to run until the day on which the minor attains the age of 19 years. There are however, important factors that can affect the limitation period for adults, minors and also persons under a disability and you should seek legal advice on how the Limitation Act applies to your specific situation.

If you think you or a loved one has been injured as a result of medical negligence, it is important to contact a lawyer as soon as possible to discuss the possibility of a lawsuit. Our team of experienced lawyers and medical specialists can review the medical care you received and help answer your questions. We understand that making the first call can be daunting. Rest assured, a consultation with us is confidential and free of charge.

A lawsuit against a health care professional does not typically affect their ability to practice. Also, the health care professional typically does not have to pay the settlement or judgment out of their own pocket, nor do they typically have to pay for their lawyer’s legal fees. Most health care professionals have a form of indemnity coverage that will pay those costs.

For example, almost all doctors in Canada belong to the Canadian Medical Protective Association (the “CMPA”), a very sophisticated and well-resourced organization. The CMPA’s stated mission is to protect the professional integrity of physicians and promote safe medical care in Canada. In 2021 the CMPA had 105,000 physician members and nearly $4 billion earmarked for defending physicians and paying settlements or judgments. If a lawsuit is commenced against one of its members, the CMPA pays for the doctor’s defence costs (i.e. lawyer’s fees, expert’s fees and other expenses) as well as any settlement or judgment that results from a lawsuit. The doctor is not required to pay any of these costs. A lawsuit against a physician does not typically affect their ability to practice medicine.

Similarly, nurses working for a Health Authority have professional liability coverage through the Health Authority. The nurse is not required to pay the costs of their defence or any settlement or judgment that results from a lawsuit. A lawsuit against a nurse does not typically affect their ability to practice as a nurse.

The legislation which deals with wrongful death in British Columbia, the Family Compensation Act, is outdated, inadequate and in need of reform.

While each case is unique, as a general rule, unless the deceased family member provided significant financial support or household/childcare services to the family, the surviving family members may not be entitled to receive sufficient compensation to outweigh the significant costs and risks associated with a medical malpractice action. These are challenging and often heartbreaking cases. Whether or not pursuing a medical malpractice claim is in the best interests of any individual person who has lost a loved one depends on the circumstances of their loved one’s death, as well as the specific losses associated with their death and specific legal advice should be sought before deciding whether or not to pursue such a claim.