What is medical negligence? Negligence is formally defined as: A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).

In the context of medical care, negligence can be fatal or life changing. Canadian law, however, has the tendency to discourage medical malpractice lawsuits, most notably through the Canadian Medical Protective Association. However, it’s important to remember that if you or someone you love have been injured in a medical negligence situation, you have rights. The Canadian Supreme Court has also placed a cap on the damages one can receive from a medical negligence claim.

If you need legal representation after a medical professional was careless, reckless, or other negligent, contact McKiggan Hebert Lawyers right away and schedule a free consultation regarding your potential medical negligence case. With our help, you can stand up to the courts and get the compensation you deserve.

What Are Some Examples Of Medical Negligence

As previously mentioned, Canadian law tends to discourage medical negligence lawsuits. However, there are certain situations in which a medical negligence lawsuit may be viable. Find below a list of medical negligence examples:

  • If a medical professional fails to perform a proper follow up check
  • If a medical professional operates or performs surgery on the wrong body apart
  • If a medical professional prescribes the wrong medication to a patient or recommends an incorrect dosage
  • If a medical professional fails to warn you about the risk of your treatment
  • If a medical professional fails to tell you what your treatment options are
  • If a medical professional fails to offer or recommend the proper diagnostic testing
  • And much more

It’s important to remember that medical professionals owe a duty of care to all patients they provide care to. If this duty is breached in any way, the medical professional should be held accountable. If the defendants’ negligence caused the injury. In many malpractice cases the plaintiff was already sick or ill before they received treatment. So, it can be challenging to show that the defendant doctor or nurse was the cause of injury that the plaintiff is claiming for.

What Is The Statute Of Limitations For Medical Malpractice Claim in Nova Scotia?

A “statute of limitations” is the name for the amount of time that medical malpractice victims have to take legal action. In Halifax, and the rest of Nova Scotia, the statute of limitations for medical malpractice cases is two years from the date you became aware of the injury.

This means, a medical malpractice victim has two years from the date of the injury to contact a personal injury attorney and filing a medical malpractice claim. This is an important date to remember, because if you file a lawsuit after the statute of limitations has expired, you will most likely lose the right to recover compensation for your injuries. Don’t wait until the last minute to take legal action. The earlier you begin, and contact a trusted lawyer, the better.

How Can A Lawyer Help Me With A Medical Negligence Case?

Our personal injury lawyers at McKiggan Hebert Lawyers can help you get compensation that you deserve after a medical negligence case. When you have to seek treatment from a doctor or nurse you are at your most vulnerable. People place their trust in their doctor or nurse that they will use reasonable care and provide them with proper treatment. Unfortunately, many people are injured by negligent healthcare providers who fail to meet the standard of reasonable care. If you think you or a family member has been injured by a negligent healthcare provider, you need to know what your options are.

Our personal injury lawyers work with our medical experts to establish a clear link between the defendant’s negligence (failure to meet the standard of care) to show that the defendant’s conduct is the legal cause of your injuries.

Schedule A Free Medical Malpractice Case Evaluation With A Negligence Lawyer Today

At McKiggan Hebert Lawyers, our goal is to build the strongest case possible so we can win the compensation you deserve for your medical malpractice injuries. If you believe you have been injured as a result of one of these mistakes, you may be entitled to compensation.

Schedule a free, no-obligation case evaluation with our team today to learn your legal rights. With our help, we can help you recover the compensation you deserve so you can recover faster from your medical injuries or illness.