What You Need to Know About Medical Malpractice Cases in B.C.

Medical malpractice, or medical negligence, is a highly specialized area of law, with many hurdles to overcome for injured patients. When a health professional is negligent in fulfilling their duty of care towards a patient, they can be held legally responsible for resulting damages through a medical malpractice claim. However, understanding time limits, liability, and evidence during the legal process can be highly complex.

Below, we answer five key questions about medical malpractice claims in British Columbia. Our Vancouver medical malpractice lawyers are dedicated to helping those who have been harmed by medical professionals they were meant to trust pursue meaningful compensation for their losses. To learn more, contact our legal team today.

1. When Do You Need to File Your Medical Malpractice Claim?

When it comes to filing a medical malpractice claim, the first issue is timing. In other words, when you need to start your lawsuit.

As a general rule, lawsuits need to be started within two years of the negligence occurring.  However, this can be extended in certain circumstances to two years from the date you were aware that the negligence occurred and that it harmed you in a specific way.

Further, this time limitation does not generally apply to infants (under the age of 19) or people with mental disabilities. Because there are strict time limits and potential exceptions that apply to medical malpractice lawsuits, you should seek legal advice as soon as you suspect medical malpractice has occurred. This is true even if it has been more than two years since the date the incident happened, as there are many factors that will play a role in determining when the limitation date expires.

2. Establishing Liability in a Medical Malpractice Case: Who is Responsible?

The second issue is determining who you are suing. The most common defendant in a medical malpractice claim is generally a physician, but even then, it is sometimes difficult to know which specific one, as many physicians may have been involved in your care.

Hospitals are also commonly sued if the medical malpractice occurred on the premises. Interestingly, hospitals may only be held liable for their employees, meaning they are not generally responsible for physicians (as most physicians are not employees of the hospital).   Hospitals may be liable for negligence committed by nurses or for equipment issues that may arise.

Other potential defendants in a medical malpractice case might be therapists, such as chiropractors and physiotherapists, paramedics, or other health professionals.

3. How Do You Prove a Medical Malpractice Case?

A third key issue is determining what you need to prove. In general, plaintiffs need to prove that the defendant breached the accepted medical standard of care. This breach must go beyond a simple error. A physician can make an error and not be found liable in malpractice. The legal test is a higher one.

You need to prove that this negligence caused you an injury. This can often be difficult, as the majority of patients who sue have ongoing medical problems predating the medical negligence, and it can become arguable as to what the medical negligence added to the existing problems.

You need to prove the damages (compensation) you should be paid for the medical negligence. To do so, you must collect evidence of emotional, financial, or physical losses you have suffered as a direct result of the medical negligence you experienced. An experienced medical malpractice lawyer can often help you determine what evidence you need to prove your claim and will help you collect it efficiently.

4. What Evidence Do You Need to Prove a Medical Malpractice Claim?

A fourth key factor in medical malpractice cases is proving the points outlined above. Generally (though not always), you need a medical expert to provide evidence that the defendant you are suing breached a recognized standard of care. That medical expert should be in the same field as the defendant.

You may also need a medical expert to give an opinion that this breach of care caused you an injury. This opinion may or may not be provided by the same expert.

Finally, you will need medical professionals to give opinions on your damages. Experts, depending on their field of expertise, can be very expensive and difficult to obtain an opinion from.

5. How Long Do Medical Malpractice Cases Take?

Procedurally, once a lawsuit is filed, it may take anywhere from 4-7 years to get to a trial, so the sooner the lawsuit is started, the better. Medical malpractice cases also tend to be defended vigorously, meaning that they are more likely to go to trial than settle. If you are bringing a lawsuit, you need to be prepared for a lengthy process, and one that may require a court judgment.

Contact Our Medical Malpractice Lawyers Today to Explore Your Legal Options

Overall, if you feel you have experienced a potential medical malpractice issue, it is vital that you consult a lawyer with specialized knowledge in this field as soon as possible. This way,  you can determine whether or not you have a potential case where a lawsuit would be warranted.

At Preszler Injury Lawyers, our medical malpractice lawyers in Vancouver have years of experience representing injured clients against hospitals, physicians, and their insurers. We are prepared to craft a strong, compelling case on your behalf and guide you through every step of the legal process. To find out if you have a potential claim, contact us today.

We’re here to help.