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Did My Calgary Doctor Commit Medical Malpractice?

Posted in: Blog // Written on behalf of Cuming & Gillespie
July 31, 2015

Disappointing medical news, especially in the form of a new diagnosis or an ineffective treatment, is often cause for frustration, and understandably so. We want our Calgary medical professionals to help us heal, and to have the answers and information necessary for us to do so; when they appear to drop the ball in this regard, seeking compensation is only natural.

Not all cases of physician error, failed treatment, or a missed diagnosis actually constitutes malpractice as far as the Calgary courts or Alberta law are concerned, however. In all but the most egregious cases—and sometimes even then—it is all but impossible for the average Calgary citizen to determine whether they have been the victim of medical malpractice.

In order for malpractice to have occurred, there has to have been an error that occurred when a physician, nurse, or other medical professional deviated from normal practice or accepted standards of care. A difficult-to-diagnose disease that at first appears to be one thing, then another, might confound many reasonable Calgary physicians, therefore failing to diagnose in the first attempt likely would not constitute malpractice.

Similarly, not all patients respond to the same courses of treatment in the same way, and in some cases potential treatments are known to have severe side effects. If the risk of the treatment is considered within medically-accepted guidelines for the patient’s condition, a malpractice case would again be unwarranted in most cases.

If you think you or a family member may have been a victim of medical malpractice in the Calgary area or throughout Alberta, it is in your best interests to contact a personal injury lawyer. They can help you determine if you have a case, and can help you get the compensation you deserve.

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