Cases of egregious medical malpractice are thankfully rare in the Greater Calgary Area, but when they occur they can be devastating not only medically, but financially and emotionally as well. In order to help Calgary residents understand whether or not they may have a valid medical malpractice claim, here’s a quick checklist that explains the basics.
1. Did You Suffer a Serious Injury or Prolonged Illness Due to a Medical Error?
In order for any personal injury case—including a medical malpractice case—to proceed, there must be a serious injury that warrants compensation. Personal injury cases are not meant to be punitive (they aren’t a way to punish people); their goal is to make you whole by paying for any additional expenses, lost earnings, and to give you fair compensation for real pain and suffering.
2. Was the Error Committed Due to Negligence or Recklessness?
Medicine is not a perfect science with guaranteed outcomes, and allowing malpractice cases against medical professionals who remained within the guidelines of their profession would be harmful to everyone and to every Calgary medical institution. Tough diagnoses, risky treatment options (with informed consent), and other close judgment calls are generally not grounds for a malpractice suit.
3. Did the Potential Malpractice Occur in the Last Two Years?
In most medical malpractice cases, you must file your claim within two years of the alleged malpractice taking place. If the effects of the malpractice were hidden from you for a prolonged period or if you were a minor when the malpractice occurred, this time limit may not apply, however you should seek legal advice as soon as possible to ensure that you do not let a limitation lapse.
If you believe you or a family member may have a medical malpractice claim, please contact our office today.