Medical professionals are entrusted with our health and well-being, but mistakes can happen. When a healthcare provider's negligence leads to injury, illness, or harm, it may constitute medical malpractice. In Ontario, victims of medical malpractice have the right to seek compensation for their losses. However, these cases are complex and require a thorough understanding of the legal system. At PMP Law, we specialize in all forms of personal injury, including medical malpractice claims and are here to guide you through the process. Here's what you need to know about medical malpractice claims in Ontario.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional—such as a doctor, nurse, surgeon, or hospital—deviates from the accepted standard of care, resulting in harm to the patient. This can include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Failure to obtain informed consent
- Negligent aftercare or follow-up
To succeed in a medical malpractice claim, you must prove that the healthcare provider's actions (or inactions) fell below the standard of care expected of a competent professional in the same field, and that this directly caused your injury or harm.
Key Elements of a Medical Malpractice Claim
To establish a medical malpractice claim in Ontario, you must prove the following elements:
1. Duty of Care
You must show that a doctor-patient relationship existed, meaning the healthcare provider owed you a duty of care. This is typically straightforward, as it arises whenever a healthcare professional agrees to treat you.
2. Breach of the Standard of Care
You must demonstrate that the healthcare provider failed to meet the accepted standard of care. This standard is defined as the level of care and skill that a reasonably competent professional in the same field would provide under similar circumstances.
3. Causation
You must prove that the healthcare provider's breach of the standard of care directly caused your injury or harm. This can be challenging, as it often requires expert testimony to establish a clear link between the provider's actions and your injury.
4. Damages
You must show that you suffered measurable harm as a result of the malpractice. This can include physical injuries, emotional distress, financial losses, or a worsened medical condition.
Types of Compensation in Medical Malpractice Claims
If your claim is successful, you may be entitled to compensation for:
- Medical Expenses: Past and future costs for treatments, therapies, medications, and assistive devices.
- Lost Income: Compensation for lost wages and reduced earning capacity if your injury prevents you from working.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
- Caregiving/Housekeeping Costs: Expenses for in-home care or assistance with daily activities.
- Other Out-of-Pocket Expenses: Costs related to travel for medical appointments, home modifications, or other necessary expenses.
The Role of Expert Evidence
Medical malpractice claims rely heavily on expert evidence. Independent medical experts are often required to:
- Opine on the applicable standard of care.
- Explain how the healthcare provider breached that standard.
- Establish a clear link between the breach and your injury.
In medical malpractice cases, expert opinions are required. At PMP Law, we work with a network of trusted medical experts to build a compelling case on your behalf.
Originally published Feb 11
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
