Ellen Robertson
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Feb 3, 2015 · Learn what malpractice means and how it applies to different professions, such as medicine, law, and dentistry. Find out the requirements, types, and examples of malpractice cases and how to sue for damages.
Jan 5, 2024 · This article discusses examples of medical malpractice, who’s responsible, and how to initiate a medical malpractice case if it happens to you.
- Angelica Bottaro
Jul 14, 2021 · Learn about the causes of action, insurance, and challenges of medical malpractice claims in Canada. Find out how the standard of care, informed consent, and fiduciary duty are determined and limited by the courts.
- (403) 262-3775
Mar 3, 2022 · Learn about the legal steps, criteria and challenges of suing a doctor for negligence in Canada. Find out how lawyers like Duncan Embury help patients and families who have suffered avoidable injury or harm within the medical system.
- Aidan Macnab
- Physicians are Protected by the CMPA. As mentioned, nearly all physicians are members of the CMPA. This is an organization that supports and protects physicians by defending their members in most medical-legal actions from a claim of negligence.
- You Will Need to Prove that your Physician was Negligent. Canadian medical malpractice claims are subject to Province-specific procedural rules and regulations.
- If the College of Physicians and Surgeons of Ontario (CPSO) Dismissed your Complaint, you can still Seek Compensation for Your Injuries. A decision of the CPSO is separate from any civil lawsuits sought against your physician for medical malpractice.
- There is a Statute of Limitations on Medical Malpractice Cases. The statute of limitations dictates the amount of time you have to file a lawsuit. The time limits for filing medical malpractice claims in Canada are Province-specific, with most Provinces giving you two years to commence a claim.
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional". Professionals who may become the subject of malpractice actions include:
Understanding the key difference between medical malpractice and negligence can help you determine what claim you could reasonably make to pursue legal action. Even in a routine visit with your family doctor, the chance for error exists.
