Medical And Dental Malpractice Claims: Understanding The Basics
Canadians put significant faith in their doctors, dentists, and other healthcare practitioners to perform correct assessments, make sound decisions, and recommend the right course of action. But what happens when this trust is broken? Whether it’s a delayed diagnosis or an improper medication recommendation, medical and dental malpractice occurs when providers fail to conduct themselves consistent with the appropriate standard of care. The results of these kinds of negligence can be life-altering.
What Constitutes Malpractice in BC?
Medical and dental malpractice, more broadly called healthcare malpractice, occurs when your doctor, dentist, or other healthcare practitioner fails to uphold a standard of care, resulting in harm. This negligence is referred to as a breach of the standard of care, meaning that the care received falls short of what is expected of a healthcare provider’s professional duty. Another key element of medical malpractice claims in BC is causation, where the patient must prove that the medical negligence factually and legally caused harm or injury.
What are the Most Common Medical Malpractice and Dental Malpractice Claims?
Frequent medical malpractice claims include:
- Misdiagnosis or delayed diagnosis: Failure to correctly identify medical conditions.
- Surgical errors: Mistakes during operations or procedures.
- Medication errors: Wrong prescriptions or dosages.
- Birth injuries: Complications during delivery causing infant or maternal harm.
- Anesthesia errors: Problems with sedation or pain management.
- Failure to treat: Refusing or neglecting necessary medical care.
- Inadequate monitoring: Poor post-procedure patient supervision.
Common dental malpractice claims involve:
- Unnecessary procedures: Performing unnecessary dental work.
- Nerve damage: Injury to facial or dental nerves.
- Infection: Poor sterilization or post-treatment complications.
- Lack of informed consent: Proceeding without proper patient agreement and understanding of the risks.
How RHE Law Works With You
Before acting as your malpractice lawyers, the Rice Harbut Elliott (RHE Law) intake team will thoroughly and comprehensively review your case. This usually includes:
- Collecting relevant information, documents, and records.
- Expert assessment to determine the viability of your potential case.
- Confirming the limitation period for your case.
To get a clear picture of your circumstances, we’ll likely ask for personal information, treatment details, and documentation related to your malpractice claim. During your initial consultation with us, you may be asked to provide:
- Personal information: Your name, contact information, date of birth, and social insurance number.
- Incident details: Date of the incident, a detailed description of what occurred, and when you first noticed something was wrong.
- Healthcare provider information: Names and contact details of all doctors, dentists, or healthcare professionals involved in your care and addresses of all hospitals and clinics you visited.
- Medical documents: Copies of all medical/dental records, x-rays, blood tests, and your consent to treatment or waiver and release documents, if applicable.
As one of the leading plaintiff-only law firms in the Vancouver area, Rice Harbut Elliott (RHE Law) will work relentlessly to defend your rights. Michael Elliott, Anthony Leoni, and our other experienced trial lawyers have over 20 years of courtroom experience, several industry awards, and the determination to do what’s right.
Call Us Now for a Free Consultation
If you suspect you are a victim of medical or dental malpractice, discuss your options and rights with an experienced lawyer as soon as possible, as the BC Limitation Act places a deadline on when you can file a medical negligence claim. Contact RHE Law at 604-682-3771 or through our website to get started with your free and confidential initial consultation.