Medical Malpractice & Professional Negligence in BC Canada
"Medical malpractice actions are quite different from typical civil litigation. They normally take a great deal of time and they can be very difficult cases to deal with overall." by: Bruce Lemer, Vancouver BC medical malpractice, professional negligence & personal injury lawyer - republished 2012.12.25 BCpersonalinjury.org
Medical malpractice actions take a great deal of time and resources to ensure a successful outcome. The plaintiff must show that the physician, pharmacist or nurse failed to provide a reasonably competent standard of care. Errors in judgment are not necessarily negligence, even if those errors caused an injury.
The Canadian Medical Protective Association (CMPA) is the organization that defends doctors in Canada. It has substantial assets and the ability to obtain expert evidence readily. The CMPA is known for being very vigorous in its defense of physicians, so it is crucial that you have malpractice lawyer who is just as zealous and with the resources to obtain the highest quality of experts to provide evidence.
The justice system provides two very useful benefits to society with respect to medical malpractice claims. First, it gives people the right to obtain damages for any losses and suffering that they have had to endure due to medical errors and negligence. Second, the threat of a lawsuit persuades hospitals to do a better job in protecting their patients from harm in the first place.
If you believe you have been harmed as a result of medical negligence you should retain a skilled Vancouver medical malpractice lawyer. Learn about Bruce Lemers expertise and experience by clicking here. Call Bruce Lemer for a free consultation.
Bruce W. Lemer,
Modern medicine has evolved into a partnership of hospitals, private medical facilities, nurses and physicians. In British Columbia physicians generally practice independently. Hospitals and other facilities employ nurses, nurse practitioners and many other practitioners who are not physicians. There are many errors that can arise in this complex system. For instance, hospitals and other facilities might have standard procedures following surgery that a physician would expect to be followed. Sometimes, these standard procedures are not followed. Hospital staff can make mistakes in the administration of medication, fail to properly follow or document a patients condition or fail to call in a physician when necessary.
In British Columbia public hospitals are run by a number of government health authorities. They are liable for the medical errors made by their staff (known as vicarious liability- the law provides that government and corporations are responsible for the negligence of its employees and agents). Plaintiffs in lawsuits against public health facilities know that their damages will be paid by the government body. Plaintiffs in lawsuits against private medical facilities do not have that assurance. The plaintiff will have to rely upon the private medical facility having insurance or sufficient assets to pay a judgment.
Determining whether there has been hospital or nursing negligence requires a prompt and thoroughly review of the hospital records and, if necessary, obtaining the opinions of independent physicians and well qualified nurses.
To continue reading this artile on Hospital Errors click to BruceLemer.com/medical-malpractice/hospital-error
Bruce W. Lemer,
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Vancouver Medical Walk-In Clinics try directory Metrotown.info...healthservices if you don't have a family doctor and want some medical attention that does not require an immediate hospital emergency visit.
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