How to Pursue a Medical Malpractice Claim in British Columbia

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Posted: December 27, 2019

Gavel covers medical malpractice claim for compensation in BC at Stephens & Holman

Doctors, nurses, and hospitals have a duty to provide patients with the basic standard of care expected from all medical professionals and institutions. Unfortunately, patients may not receive appropriate care, be it for childbirth, a sudden illness, or a routine procedure. Medical malpractice or negligence harms thousands of adults and children each year and filing a claim against the responsible party is more complicated than you may think. You must provide evidence that negligence occurred, and you need a medical malpractice lawyer to help you combat the aggressive tactics by the Canadian Medical Protective Association (CMPA). 

Steps to Take for Your Medical Malpractice Claim in BC 

As we have a single-payer healthcare system in Canada, physicians bill insurance for services and are required to carry medical liability insurance through the CMPA. The CMPA defends the physician, nurse, or medical institution who caused you or a loved one injury, making it difficult to pursue your medical malpractice claim without an experienced lawyer to guide you. There are several steps you can take to build a strong case and reach a successful outcome for your claim for compensation. 

1. Understanding the Various Forms of Medical Malpractice

Many Canadians don’t realize that medical negligence covers a vast amount of circumstances in which a medical professional fails to provide an adequate standard of care that another similarly trained doctor, nurse, or medical professional would have provided. These forms can include: 

  • Obstetrical negligence and birth injuries
  • Surgical errors
  • Medication mistakes
  • Diagnosis delay or missed diagnosis
  • Failure or refusal to treat a patient
  • Failure to inform the patient of risks
  • Anesthesia errors

2. Choosing a Medical Malpractice Lawyer 

You need a lawyer to help you through the litigation process to compile evidence, expert testimony, and fight on your behalf. You might be recovering or getting accustomed to living with a disability or coping with the loss of a loved one due to medical negligence. Our medical malpractice lawyers at Stephens & Holman are available to help, and we have 25 convenient locations throughout B.C. 

3. File within the Medical Malpractice Claims Time Limit

It’s critical to begin the medical malpractice claims process as soon as you are aware of the injury. The time limit to file these claims for compensation in British Columbia is two years from the date of the injury or death, and it takes time to build your case. 

4. Gathering Evidence and Expert Testimony 

You can strengthen your claim by collecting your medical records, communications with the medical professional or hospital, and writing down what you remember of the events. If you know of any witnesses, collect their contact information. The most crucial parts of a medical malpractice claim are gathering evidence and contacting a lawyer for help. 

Contact Our Medical Malpractice Lawyers at Stephens & Holman in B.C. 

If you or a loved one has suffered an injury due to medical malpractice, contact our lawyers at Stephens & Holman today at (604) 730-4120 for a consultation. We serve clients in Vancouver and 25 locations throughout British Columbia. 

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