Frequently Asked Questions: Medical Malpractice

Medical Malpractice

Frequently Asked Questions

Medical malpractice claims can be complex. If you or someone you care about has been harmed during medical care, you may have questions about whether the care provided was appropriate and whether you have a legal claim. These frequently asked questions explain important issues in Alberta medical malpractice cases, including standard of care, causation, medical evidence, expert opinions, compensation and how Weir Bowen investigates potential claims.

1. I think something went wrong with my medical care. Could I have a medical malpractice claim?

An unexpected or harmful result from medical treatment does not necessarily mean that medical malpractice occurred. To succeed in a medical malpractice claim, specific legal requirements must be established based on the circumstances of the case.

This may include showing that the care provided did not meet the appropriate standard of care or disclosure and that there is sufficient evidence to establish a legal cause of action. Each case must be considered individually based on the available evidence.

2. What do I need to prove in a medical malpractice case?

It is not enough to show that a medication, surgery or other medical treatment was ineffective or caused harm.

Depending on the circumstances, a claim may involve whether the appropriate standard of care was met, whether the appropriate standard of disclosure was met, or other legal issues arising from the medical services provided.

Whether a claim can succeed depends on the evidence available to establish the necessary elements of the case.

3. How long do I have to start a medical malpractice claim?

Medical malpractice claims are subject to limitation periods established by law. The applicable limitation period cannot always be determined without carefully considering the particular facts of the case, the relevant legislation and case law.

If you are considering a medical malpractice claim, it is important to seek legal advice promptly. Waiting too long could affect your ability to pursue a claim.

4. Can a medical malpractice case be settled without going to trial?

Yes. Compensation in a civil action may be obtained through a settlement or through a judgment granted by the court.

Medical malpractice cases can be more difficult to resolve through settlement than some other types of civil litigation. In some cases, obtaining a fair result may require proceeding through examinations for discovery, trial or appeal when those steps are justified by the circumstances of the case.

5. What are the chances of succeeding in a medical malpractice case?

There is no single answer that applies to every medical malpractice claim.

The likelihood of obtaining a judgment depends on the evidence available to establish the required elements of the claim. This means the facts and evidence of each individual case must be carefully assessed before its prospects can be determined.

6. What does it cost to pursue a medical malpractice claim?

There can be a number of expenses involved in pursuing a medical malpractice case. These may include court filing fees, obtaining medical and hospital records, expert opinions, court-reporting and transcript costs, and fees and expenses associated with experts, doctors and other witnesses.

There are also legal fees for the lawyers handling the case. In some circumstances, lawyers may agree to a contingency fee arrangement, where the legal fee is based on a percentage of the amount recovered.

The fees and expenses involved will depend on the circumstances of the individual case and the arrangements made with the lawyer.

7. Why can medical malpractice cases be complicated?

Medical malpractice cases can require detailed consideration of both the medical evidence and the legal requirements of the claim.

It is not enough to establish that treatment was ineffective or harmful. The evidence must also support the specific elements required for the particular cause of action. Expert opinions, medical records and other evidence may therefore be important in assessing and pursuing a claim.

A note about this information: These FAQ's provide general information only and are not legal advice. Every situation is different, and the law may apply differently depending on the circumstances. Legal deadlines apply, so you should not rely on this information to determine a limitation period or other deadline. If you have questions about your particular situation, we encourage you to reach out to us.