Vancouver Medical Malpractice Lawyers - Compensation Claims

LAWYER HELPLINE: ☎ 855 804 7142

 

In order to succeed in a compensation claim for personal injury a Vancouver medical malpractice lawyer must prove clinical negligence in addition to showing that the injury sustained by the patient was as a direct result of a negligent act by a healthcare practitioner. This second requirement can be troublesome as it is necessary for the lawyer to prove that the deterioration in health is due to the negligent act rather than the natural progression of the underlying illness. To achieve this, a Vancouver medical malpractice lawyer will turn to evidence from medical experts whereby they are able to show what would have happened if the proper treatment had been given to the patient. To prove clinical negligence a lawyer must show that the healthcare practitioner failed to achieve a reasonable standard of care when compared to other similar healthcare practitioners.

Time Limits

Many clients are not aware of the importance of time limits when it comes to claiming compensation for medical malpractice. Issues relating to time limits are generally contained in a statute of limitations, compliance with which is essential failing which the opportunity to claim damages for personal injury can be lost forever. In general terms a Vancouver medical malpractice lawyer must settle the claim or proceedings must be filed in a court of law prior to the expiration of the limitation period. There are limited exceptions to the general rules for minors and the mentally incapacitated. The reason for the existence of a limitation period is because some cases will involve witnesses but if too much time has passed, the memory of the witness may fade or witnesses may pass away. In addition documentation may be lost or destroyed.

Informed Consent

Before receiving treatment from a health professional, a patient is entitled to receive full disclosure and information about the proposed treatment including risk factors and side effects and the potential to achieve the same or a similar result using an alternative procedure. A patient must positively consent to treatment on the basis of 'informed consent' failing which a healthcare practitioner will be liable to pay compensation for medical malpractice in the event of a predictable adverse event which causes personal injury. If the patient has been fully informed of risk and consent was properly given then the medical professional may not be liable to pay compensation in the event of a known risk factor causing personal injury provided that the treatment was not carried out negligently.

Vancouver Medical Malpractice Lawyers

Our Vancouver medical malpractice lawyers offer free initial advice without further obligation. We are usually able to offer contingency fee arrangements which mean that we only charge for our legal fees in the event that the claim succeeds and a settlement of damages is received. If we do not claim successfully then we do not make any legal charges. If you would like to speak to a lawyer just complete and send the contact form or email our offices and a specialist clinical negligence lawyer will call you to discuss your potential case with no charge and no further obligation. We will attempt to provide instant advice over the telephone on the viability of your potential claim and the amount that you could expect to receive in the event of a successful outcome.

LAWYER HELPLINE: ☎ 855 804 7142