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Medical Malpractice Law: How It Works?

ICBC Lawyer Kelowna > Medical Malpractice Law  > Medical Malpractice Law: How It Works?

Medical Malpractice Law: How It Works?

Medical Malpractice Law

Medical Malpractice means when any injury occurs to the patient during their treatment. The doctor or the hospital authority or other health care professional do the negligence, and the result might be the wrong treatment, aftercare of the treatment or the health management or it might be the result in a diagnosis.

If this medical malpractice happens in the hospital with a patient, then medical malpractice law is considered that time. Medical malpractice law provides the liability of doctors and for that treatment for which patients have got wrong treatment for the negligence act. 

Medical Malpractice

Medical malpractice can be divided into many categories. Like; delay of patient’s diagnosis, wrong description of X-ray report, prescribed wrong drugs to the patient, wrong treatment. These malpractices may lead the patient to the risks of side effects.

Sometimes hospital authority takes a sign from the patient before their treatment and provides the wrong medication. Many times they perform making mistakes during the surgery without informing the patients. 

When a doctor behaves carelessly, many dangerous things may happen to a patient. After hospitalizing, patients are totally dependent on their doctors, and they also believe that they will get the best treatment from their doctors.

That time patient may file a case by hiring a personal injury lawyer and can get his/her damage awards. The damage awards are included medical expenses, physical suffering, and emotional distress, loss of income source, and sometimes it might be death also. 

The Common Type of Medical Malpractice

For getting leading justice, there are some types of medical malpractice law. Like;

Failure to Diagnose

If a not-certified doctor diagnoses on patient illness and provides a different report to the patient, then the outcome would worsen one cannot even think. In short, a patient can claim medical malpractice to the authority if he/she does not get a better outcome. 

Improper Treatment

A patient can make a medical malpractice claim on a doctor when a doctor treats the patients in a manner that no other professional doctor can do. This claim is also applicable when the doctor chooses the correct medication but administer does not do it professionally; it can be considered in an ill-practice way.  

Deficiency in Warning a Patient about Their Own Risks

It is a common duty of a doctor to warn their patients if they are aware of any life risk of their patients. It is known as the duty of informed consent – when the doctors need to provide cautions in each angle to their patients. It may happen during the treatment. It is necessary to tell the patient because they are aware of it they might have a choice to get the operation or not or which step they should take. 

Underlying Conditions for a Lawsuit Involving Medical Malpractice

You need to provide all the documents, which will prove that medical malpractice has occurred with you, but you need to show all of these;

Doctor-Patient Relationship

You need to prove that with your doctor whom you are suing, have doctor-patient relations – which means you were hiring that doctor and that doctor was willing to do the treatment on his/her own wish.

You can sue a doctor who did the cocktail party last night and doing your treatment the next morning. This cannot be the reason but yes if he is not doing his job well and misguiding you, then you can sue him. For this misguide anything bad can happen to you.

If The Doctor is Lax

You are not satisfied with your doctor, but that does not mean that your doctor is liable for medical malpractice. If the doctor has forgotten to do your diagnosis treatment or tell you something important to you, which is related to your treatment, then you can go for the medical malpractice law.

It would help if you had treatment, not the doctor’s care. So please don’t sue them because you are not satisfied with their treatment. Provide the documents that prove that you are not well treated for their negligence.   

How to Get Compensation

First, you need to hire a lawyer to get your case. Like other cases, medical malpractice case is not feasible at all. Many lawyers don’t like to accept this medical malpractice law even they do not care about the financial amount. That’s why you need to focus on reputable lawyers who are specialized in medical malpractice law. 

Here are some types of injuries for which the patient can get compensation,

  • Physical injuries
  • Mental problems
  • Extra medical bills
  • If the patient has lost his jobs because of these injuries

Your lawyer will do an in-depth evaluation by calculating the surrounding incident. They will also check the hospital record and also the other evidence if you have. If it is necessary, they will take this evidence to any medical experts who will give justification on these documents. 

After going through all the documents, the patient’s lawyer will do a discussion session with the defendant’s lawyer. And then a negotiation settlement will take place between two parties. An amount will be fixed if two parties agree on the same amount.

And that amount is mandatory to be paid to the patient. And if both parties don’t agree on the settlement amount, then the case will go to trial, and the judge will decide the final decision. 

In this whole process, the lawyer will verify the procedural requirements. A single wrong step can mislead the case and will provide an injustice result. These steps will take the case to the statute of limitations. If it is necessary, then this case might be taken to the medical review board in special notice if a defender wants to do this. 


Patients believe in doctors blindly after admitted to the hospital. If any unfortunate incidents occur during their treatment for the doctors, then the patients have the right to go for the medical malpractice law. 

Injured patients and their family members also have the ability to sue against their insurance company if they deny getting the compensation. If the patient has strong evidence, they can apply for these legal activities. Medical malpractice law varies from state to state, and it is instructed firmly to get a representative lawyer from a law firm



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