Find Lawyers in Saskatchewan, Canada for Medical Negligence
Practice Area Overview
Medical malpractice refers to negligent acts committed by health care professionals in carrying out their duties to a patient.
An honest mistake on the part of a doctor or nurse, or a bad outcome for the patient does not alone constitute medical malpractice. In order for negligence to have occurred, the conduct of a health care professional must fall below the standard of a reasonably competent doctor or nurse through a failure to exercise the care and skill required of the profession.
In order to succeed in a claim for medical malpractice, it is also necessary to prove that the negligent conduct of a health care professional involved in a patient’s care actually caused the patient’s injury. This means proving that “but for” the negligent conduct of the doctor or nurse, the patient would not have suffered their injury.
Proving both aspects of a medical malpractice claim – negligence and causation – requires the expert opinions of physicians or nurses similarly qualified as those in question to establish that the conduct in question fell below the standard of care and that this breach of the standard caused the patient’s injury.
Damages are awarded in successful medical malpractice cases under three main categories: cost of care, lost income, and pain and suffering. The goal in awarding damages is to put the plaintiff in the position they would be had the injury not occurred, as far as money can.
Medical malpractice is a highly specialized area of law, and claims are complex and expensive to run. Most of the evidence required is obtained through the evidence of experts which makes up the primary cost of bringing a medical malpractice claim to court, and even a strong case is no guarantee of success. As a result, the opinion of lawyers skilled in this area should be sought early to determine if a claim has merit and should be pursued.
Nicholas is a partner in the Regina office and focuses on professional liability defense, insurance defense, and privacy law. Nicholas is a member of McKercher’s Health Law Practice Group and Insurance Defence Practice Group. His practice concentrates on professional liability defence, construction claims, aviation claims, product liability claims, and professional discipline. He has represented numerous professionals in legal actions and regulatory matters, including lawyers, physician...
Sheila is a partner in the Saskatoon office and practices in the area of civil litigation. She has experience in the areas of Insurance Law, Health Law, and Medical Malpractice Defense. As a member of McKercher LLP's Insurance Law and Health Law practice groups, she has handled claims related to personal injury, property damage, coverage and professional licensing and discipline. In all areas of her practice, Sheila believes very strongly in alternative dispute resolution, which results in sa...
Ryan Kitzul’s litigation experience is diverse and includes medical negligence, privacy, professional liability and professional regulatory matters. Ryan is also an experienced commercial litigator, successfully representing both plaintiffs and defendants at all levels of court in Saskatchewan and the Court of King’s Bench of Alberta. Ryan has acted as counsel for health service providers across Saskatchewan. He has considerable experience working with The Health Information Prote...
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