Misdiagnosis Woes: Legal Insights & Your Next Steps
Healthcare in Canada is one of the most important issues because of our aging and growing population. It is no secret that there is a shortage of primary care physicians in many areas across Canada. A recent national survey confirmed more than six million Canadians do not have regular access to family doctors. Thousands and thousands of Canadians are on long wait-lists to get a family doctor. Some Canadians have been on these waitlists for years.
Family doctors play a key role in helping Canadians access and navigate the healthcare system. Family doctors help coordinate care. They help patients access medicine, diagnostics and specialists. What do Canadians do when they do not have a family doctor and need urgent attention? They usually attend the emergency department.
Wait times in emergency departments have risen over the past few years. We often hear about doctors in hospitals burning out due to overwork and not enough staff. We know doctors do their best to treat and care for their patients. However, it is a highly regulated profession—and with good reason. This means that they need to meet a certain standard of care when a patient walks through their doors.
One of the key standards of care when it comes to treating patients is the area of proper diagnoses. This has to do with identifying the proper issue within a reasonable amount of time based on the circumstances unique to each patient. With the development of technology and the internet, many people are tempted to rely on “Dr. Google”. However, if you or a loved one believes that misdiagnoses has resulted in harm, it is important that you speak with an experienced personal injury lawyer who specializes in the area of medical malpractice.
An experienced lawyer will be able to make an informed assessment of whether there is a potential case against a physician or healthcare practitioner. This is critical because these cases can be very difficult to advance. It requires the plaintiff to prove that a physician or healthcare practitioner breached the applicable standard of care. They are then required to prove that because of that breach, it caused a plaintiff’s injuries and damages. One of the main challenges is that the onus is on the plaintiff to prove on a balance of probabilities that a medical outcome would have been different but for the alleged negligence.
In order to advance a case where a potential misdiagnosis is involved, it is important to work with a lawyer who has experience taking these types of cases on and is able to properly advise you of your rights.
About the Authors
For Charles, practising personal injury law allows him to serve and empower individuals to overcome some of the most challenging times of their lives. His devotion to service is what motivates him to achieve the best possible outcome for his clients.