Skip to main content
Medical Malpractice

The Medical Malpractice Claim Process in British Columbia

Medical professionals have a duty to provide patients with the basic standard of care. 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.

British Columbia typically asks you to provide evidence that negligence occurred–often alongside a testimony. A medical malpractice lawyer can help you face tactics the Canadian Medical Protective Association (CMPA) may throw your way during the medical malpractice process. The CMPA was founded in 1901 as a not-for-profit organization to help medical professionals support one another and improve the spectrum of care they provide.

What is Medical Malpractice?

Medical malpractice is when a dangerous, life-threatening situation happens during a medical appointment or procedure and the appropriate standard of care isn’t provided. Though medical personnel are highly trained , medical professionals are human and accidents can occur. In order to establish medical malpractice, it must be proven that the provider acted negligently

Step-by-Step Medical Malpractice Process

Understanding British Columbia’s medical malpractice process may help you move forward and make important decisions regarding your claim. Below is a simplified version of the step-by-step medical malpractice lawsuit process.

1. Understanding the Medical Malpractice Process

Many Canadians don’t realize medical negligence covers a vast amount of circumstances. These scenarios occur when a medical professional fails to provide an adequate standard of care. Failures can include surgical errors, failure or refusal to treat, failure to inform the patient of risks, medication mistakes, and missed or delayed diagnoses.

2. Choosing a Medical Malpractice Lawyer

You need a lawyer who understands the medical malpractice process to provide you with professional guidance. Having someone to compile evidence, gather expert testimony, and fight on your behalf could be critical to your case’s success. Having legal support can be invaluable when recovering from injury or learning to live with a disability. The medical malpractice lawyers at Stephens & Holman are prepared to help you through the medical malpractice process.

3. File Within the Medical Malpractice Limit

It’s critical to begin the medical malpractice claims process as soon as you are aware of the injury. However, diving right into the lawsuit process may not be the healthiest choice. A medical malpractice lawyer is there to help you figure out your timeline so you can focus on recovery. The 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. Gather Evidence and Expert Testimony

You can strengthen your claim by collecting your medical records, communications with the medical professionals or hospital, and writing down what you remember of the events. If you know of any witnesses, collect their contact information. Witness testimony could play a huge role in the outcome of the lawsuit.