Medical professionals face stressful situations every day and sometimes their standard of care may slip. This may be due to anxiety, unexpected situations, or personal beliefs interfering with the care they provide. When this happens, medical mistakes occur, leading to medical malpractice claims and, even worse, serious injuries or death.
If you aren’t sure what common Canadian medical mistakes are, you are not alone. Understanding the mistakes that lead to medical malpractice claims can help clarify details surrounding the claim process.
What is Medical Malpractice?
Common Canadian medical mistakes, also known as medical negligence, occur in the healthcare field when general care standards are not upheld. When these standards are ignored, the results can be unsafe and, at times, fatal—leading to medical malpractice claims. Those who review these claims are often government-led professionals employed by the CMPA (Canadian Medical Protective Association). With the number of common Canadian medical mistakes decreasing over the years, the payouts given toward those impacted by medical malpractice has improved.
Examples of Medical Malpractice
Malpractice lawyers, such as the Stephens & Holman team, can help guide clients through the medical malpractice laws in Canada. Below are some common Canadian medical mistakes often leading to malpractice claims that are helpful to know before dealing with an unfortunate scenario.
Failure to Diagnose
Even with years of education and experience, most well-rounded medical professionals can misdiagnose a patient. This is one of the more common Canadian medical mistakes made by physicians that can lead to malpractice claims. Appropriate standard care should still be given no matter the circumstance and when it isn’t, medical malpractice lawyers are prepared to assist.
Discrimination-Based Care Refusal
If care is refused due to a medical professional’s discriminatory beliefs, action can—and should – be taken. Medical malpractice laws in Canada also call the act of refusing medical treatment to a patient due to personal or religious beliefs as “conscientious care.” Care refusal situations have come into play recently when some physicians faced patients who are not vaccinated for COVID-19. When beliefs and opinions get in the way of patients receiving appropriate medical care, it is critical that appropriate steps are made in regard to may be a medical malpractice claim.
Failure to Get Informed Consent
Receiving appropriate and legal consent before taking part in a medical procedure is critical. It becomes even more important if there is a medical error during a procedure or a serious injury. Physicians can face battery or assault if consent is not received or if the consent received is not correct. There are three main types of consent: implied, expressed, and voluntary. Most importantly, consent must be informed by the medical professional and the patient must fully understand the situation at hand for it to be appropriate. If any of those elements are missing, a medical malpractice claim may be appropriate.