The good health of ourselves and loved ones is what all of us cherish the most.  If that is lost or compromised by those we rely on to preserve it, the pain is that much greater.

Medical malpractice or medical negligence involves the conduct of Doctors, Nurses, Hospitals and possibly other health care providers.

Most lawyers would agree medical negligence litigation is one of the most difficult of cases, and often the most expensive type of lawsuit to carry out.  The major reason for the expense involved is that most medical malpractice cases require a team of medical experts to assist with the litigation.

In determining the potential for success, counsel search for the answers to the following:

Did the Physician involved with the patient’s care meet the appropriate standard of care required of his peers?
 
Did the Nurses and the Hospital involved with the patient’s care meet the appropriate standard of care required of them during the patients stay?

Did the Physician involved with the patient’s care disclose information to the patient about the risks and the alternatives to the proposed plan for treatment?

Physicians owe a duty of care to their patients.  In the case of pregnant moms this includes a duty of care to the unborn child as well.  The relationship between a doctor and his/her patient is of a special category referred to legally as a fiduciary relationship.

Equally, a duty of care is owed by a Hospital to its patients arising from the Hospital patient relationship. 

Often with the Hospital, the questions to be asked are:

Did the Hospital provide competent staff and was their performance monitored?

Did the Hospital provide proper instruction and supervision to those they hired?

Did the Hospital provide proper facilities and equipment?

Did the Hospital establish systems necessary to operate a safe Hospital?

Nurses have a duty to follow the doctor’s orders and the Hospital’s protocol.

In Canada, the Courts have said in some circumstances a doctor may not be liable for failing to reach a proper diagnosis or for administering improper treatment where doing so is a mere error in judgment.  The circumstances and the unique facts of each case are critical in sorting this out.  Therefore, seeking legal advice is prudent.

At Pihl & Associates we understand medical negligence.  We will meet with you for a free initial consultation and explain the steps that have to be taken to determine if your loss is compensable.