Medical Malpractice Essay

861 Words2 Pages

Similar to any other legal term, medical malpractice has a very broad definition and cannot be summarized in few words, however before discussing medical malpractice, it is important to understand terms such as ‘adverse event’ or ‘sentinel event’ which translates into an incident involving harm to patient safety.
Medical malpractice refers to an adverse or sentinel event in which an unnecessary or unexpected injury or harm occurs to a patient resulting from medical care or treatment as opposed to the disease or condition that the patient is suffering from.
Medical malpractice occurs when a patient suffers from injury or harm due to negligence by a health care professional. It is important to understand that the Canadian law does not require …show more content…

Health care professionals are not liable for all the harms or complexities a patient experiences but they are legally responsible if they deviated from the normal standard of care that is expected of them.
Canadian medical malpractice law is in place so the patients can recover damages in the form of compensation for the substandard or negligent treatment they have received while under the care of health care …show more content…

If this duty of care is not established, a plaintiff cannot bring forward any legal action against the defendant, regardless of how negligent the defendant was and the negligence was the cause of the injury or harm to the plaintiff. In general terms, upon the formation of the physician-patient relationship, a duty of care is established. In majority of Canadian malpractice cases, the existence of the physician-patient relationship (hence the duty of care) is not a real dispute. The real issue is the scope of the duty of care owed by the physician to the patient. For example, when a patient is in emergency room or hospitalized, the physician is not the only one with the duty of care towards the

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