Medical Malpractice

Medical malpractice is negligence by a health care professional in which the treatment provided falls below the accepted standard of care that a reasonable health care professional would provide in similar circumstances. If the negligence causes injury or illness to a person, then the health care provider may be liable to pay damages to the person.

An error of judgement is not necessarily negligence, even if it causes injury. The law realizes that health care professionals often have to make quick decisions without the best information. The issue is whether they made a reasonable decision that reasonable health care professionals would have made in the same circumstances—even if it turns out later to be the wrong decision leading to a bad result.

Health care professionals also have to ensure that you provide informed consent. This means that they have to tell you about your condition, the nature of the proposed treatment, the risks of the treatment and other options that you may have before they treat you. You can’t consent to treatment unless you are given all this information. When a health care professional tells you of the risks, they don’t have to explain all the possible risks—just those that a reasonable patient would want to know before deciding about treatment.

Generally, you must start a malpractice lawsuit within two years of when a reasonable person would realize malpractice might have occurred. Malpractice suits are very expensive and can take several years from start to finish.

Acheson Sweeney Foley Sahota LLP has been handling medical malpractice cases for over 35 years. We have the expertise to take on the medical establishment. If you have not been provided with proper care by a health care professional and have suffered an injury as a result, please contact us for assistance.

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