Medical malpractice litigation relies heavily on specialized terminology drawn from both medicine and law. Patients navigating the aftermath of medical harm are often confronted with unfamiliar language that can make the legal process feel inaccessible.
This second installment continues our glossary series, explaining additional medical malpractice terms frequently encountered in Alberta negligence claims and court proceedings.
Medical Malpractice / Medical Negligence
Medical negligence occurs when a healthcare provider fails to meet the applicable standard of care, resulting in patient harm. While often used interchangeably with medical malpractice, negligence refers specifically to the wrongful act or omission, whereas malpractice encompasses the legal claim arising from it.
Mitigation of Damages
Mitigation refers to a plaintiff’s obligation to take reasonable steps to reduce their losses after an injury. In medical malpractice cases, this may include following medical advice, pursuing recommended treatment, or engaging in rehabilitation where appropriate.
Failure to mitigate may reduce the damages recoverable, but does not eliminate liability.
Morbidity and Mortality
Morbidity refers to illness or impairment, while mortality refers to death. In malpractice cases, these terms are used to describe outcomes and assess the seriousness of the harm caused by negligent care.
Negligent Credentialing
Negligent credentialing involves allegations that a hospital failed to properly vet, supervise, or restrict a healthcare provider who posed a foreseeable risk to patients. These claims focus on institutional responsibility rather than individual clinical decisions.
Non-Economic Damages
Non-economic damages compensate for intangible losses such as pain, suffering, and loss of enjoyment of life. In Canada, these damages are subject to a cap established by the Supreme Court of Canada and adjusted for inflation.
On-Call Coverage
On-call coverage refers to arrangements ensuring physician availability for emergencies or after-hours care. Inadequate on-call systems may contribute to delayed treatment and form part of a broader negligence claim.
Post-Operative Care
Post-operative care includes monitoring, pain management, and follow-up after surgery. Failures in post-operative care can lead to serious complications such as infections, internal bleeding, or delayed recognition of surgical errors.
Proximate Cause
Proximate cause refers to whether the harm suffered was a reasonably foreseeable result of the negligent act. Courts consider proximate cause when determining whether liability should extend to the consequences of a breach.
Res Ipsa Loquitur
Res ipsa loquitur is a legal doctrine allowing negligence to be inferred when an injury would not normally occur without negligence and the defendant had control over the circumstances. Its application in medical malpractice cases is limited and fact-specific.
Risk Disclosure
Risk disclosure is a key component of informed consent. Healthcare providers must disclose material risks that a reasonable patient would want to know before consenting to treatment.
Standard of Care
The standard of care refers to the level of skill, judgment, and care that a reasonably competent healthcare provider in the same specialty would be expected to provide in similar circumstances. In medical malpractice cases, courts assess whether the care delivered met this standard by comparing the provider’s conduct to accepted medical practices, often relying on expert evidence. A failure to meet the applicable standard of care is a key element in establishing medical negligence.
Standard of Proof
In civil medical malpractice cases, the standard of proof is a balance of probabilities. This means the plaintiff must show that it is more likely than not that negligence caused the injury.
Statistical Evidence
Statistical evidence may be used to support causation or standard of care arguments, particularly in cases involving delayed diagnosis or systemic failures. Courts assess such evidence carefully and in conjunction with expert opinion.
Systemic Negligence
Systemic negligence involves failures at an organizational level, such as inadequate staffing, training, or policies. These claims often arise in hospital settings and may involve multiple defendants.
Vicarious Liability
Vicarious liability holds an employer responsible for the negligent acts of its employees performed in the course of their duties. Hospitals may be vicariously liable for the actions (or inaction) of nurses and other staff members.
Wrongful Death
Wrongful death claims arise when negligent medical care results in death. These claims are typically brought by family members under applicable Alberta legislation and may include claims for loss of dependency and bereavement damages.
Cuming & Gillespie LLP: Leading Calgary Medical Malpractice Lawyers
Medical malpractice cases are among the most complex forms of civil litigation. If you believe negligent medical care caused serious injury or the loss of a loved one, experienced legal guidance is essential.
At Cuming & Gillespie LLP, our medical malpractice lawyers are committed to holding healthcare providers and institutions accountable. Contact our firm by calling (403) 571-0555 or reach out online to arrange a confidential consultation and learn how we can help you pursue justice.