Medical Malpractice in Canada

Introduction

Medical malpractice law in Canada governs the liability of healthcare professionals for negligent treatment. The framework provides compensation for patients injured by substandard care while protecting doctors from excessive liability.

Standard of Care

Healthcare professionals must exercise the standard of care expected of a reasonably competent practitioner in their field. The Bolam principle holds that a doctor is not negligent if their conduct accords with a responsible body of medical opinion.

Informed Consent

Patients have the right to be informed about the risks, benefits, and alternatives of medical treatment before giving consent. Failure to obtain informed consent may constitute negligence or battery.

Causation

The plaintiff must prove that the defendant’s negligence caused their injury. The loss of chance doctrine may allow recovery where the defendant’s negligence reduced the plaintiff’s chances of a better medical outcome.

Conclusion

Medical malpractice law in Canada balances patient compensation with the need to maintain accessible healthcare services and avoid defensive medicine.