Medical Malpractice Cases in BC, and Time Limitation To File
Medical malpractice is a common occurrence. There are many cases of medical malpractice in BC every year. Medication errors, delays in diagnosis, misdiagnosis, surgical and/or anesthesia errors are some examples. Victims of medical malpractice may be entitled to compensation, although the process is complicated, and working with a medical malpractice lawyer is highly recommended. This post is meant to provide a rudimentary understanding about medical malpractice cases. For more specific opinion about your case, we encourage you to contact us for a consultation, without obligations.
What Is Considered Medical Malpractice?
Medical malpractice, in general, is when a healthcare professional does not meet a proper standard of care within the scope of their expertise. Since we are dealing with the human system, not every error is actionable.
“Standard Of Care”
Standard of care is a legal term that is used to describe the customary practice of medical professionals when dealing with a specific injury or illness. A simple example of this is for certain diagnosis a healthcare professional may have a designed protocol to follow, and failing to follow may be deemed medical malpractice.
“Causation”
The second stage of a medical malpractice case requires the victim to prove that the healthcare practitioner’s negligence (the failure to meet the standard of care) is the cause of the victim’s problems. As an example, a healthcare practitioner may have been negligent in misdiagnosing or failing to diagnose in a timely fashion; however, if there are no negative repercussions from that negligence, then there is no case for medical malpractice.
Examples of Medical Malpractice
Below are some examples of common medical malpractice scenarios.
Medication Error
This is when the incorrect medication is prescribed.
Misdiagnosis
This is when an incorrect diagnosis is made, and the misdiagnosis arises from failing to follow proper protocols.
Diagnosis Delay
This is when there is a delay in diagnosis.
Surgical Error
This is when a surgeon does not follow a proper standard of care during the operation process which causes an error in the surgery.
Anesthesia Error
This is when an anesthesia professional does not follow the proper standard of care when providing anesthesia services to a patient.
Birth Injury
This is when a newborn child is the victim of medical malpractice during the birth process, which cause consequences for the infant and/or mother after birth.
Informed Consent Failure
This is when a medical professional fails to provide patients with proper information related to the risk(s) associated with their procedures and/or medications. IN such cases the law looks at what the reasonable person would have decided had they been fully informed.
Medical Malpractice Cases in BC
It is common to hear about medical malpractice cases in the news. Recently news came out that an Abbotsford dentist was suspended and fined for malpractice for over-billing and sedating patients without proper qualifications. In late 2019 there were other news stories about medical malpractice cases; both relating to delayed diagnosis or misdiagnosis. One man went to the ER twice with stomach pain, but both times doctors missed Stage 4 cancer and sent him home. Another family lost their son after doctors failed to diagnosis the boy properly in time.
These are just a few examples of recent medical malpractice cases in BC.
Time Limitations to File Medical Malpractice Cases in BC
Like most other legal cases, there is a time limitation period within which to commence a medical malpractice case in BC. If a case is started after its specific time limitation, the case (in most cases) will be void.
In general, the time limitation to start a medical malpractice case in BC is 2 years after the last date of the treatment that is alleged to be negligent or considered malpractice. When the ‘clock starts’ ticking, however, can be quite complicated.
Get A Consultation
If you have a possible medical malpractice case you’d like to discuss, don’t waste time! We encourage you to schedule a consultation with one of our expert medical malpractice lawyers today. We’d be happy to discuss your case with you. Contact us now.
