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What is Negligence?

by | Friday, October 24, 2014

As some Nova Scotia residents may know, proving negligence in a medical malpractice case can be a huge challenge due to Canada’s Supreme Court rulings that established certain liability limits and restrictions on such cases. Therefore, it may be important for a plaintiff’s case to understand how negligence is defined according to the law.

For a plaintiff to win a medical malpractice claim in a Canadian court, there must exist strong evidence to substantiate his or her allegations of negligence. The injured party must convince the courts that the defendant’s breach of duty of care was the proximate cause of the plaintiff’s injuries, the plaintiff’s injuries were reasonably foreseeable, the defendant did not deliver the standard of care owed and the defendant owed the injured party a duty of care.

It is of great importance that the medical malpractice lawsuit be based on certain types of negligent conduct. Some of those types include a failure to communicate with other physicians, failures involved in both diagnosis and re-diagnosis, substandard treatment and a failure to warn or protect third parties. Moreover, a hospital may be deemed liable under the doctrines of direct liability or vicarious liability because of the actions of its medical personnel. However, the courts may not consider a breach of judgment on the part of a physician or a health care professional as an act of negligence even if the act resulted in an injury.

Whenever a Nova Scotia resident suffers a serious injury due to the negligent actions of a health care professional, a local lawyer who is knowledgeable in medical malpractice claims may be able to assist the victim to pursue compensation for his or her accident-related expenses. By thoroughly analyzing the case, the lawyer may be able to determine and identify the type of negligent action that resulted in the particular medical error the client experienced.

Source: Library of Congress, “Medical Malpractice Liability: Canada“, October 20, 2014

Sam M
Sam M
16:11 19 Jan 18
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.
linda frausell
linda frausell
01:21 16 May 17
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .
frank slaunwhite
frank slaunwhite
16:29 03 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach.Thanks
Missy Day
Missy Day
12:03 06 Oct 16
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!
Nicholas Gordon
Nicholas Gordon
11:30 06 Oct 16
I contacted Wagners about a motor vehicle accident.I was able to speak with someone right away. The staff were very pleasant and helpful.I received a response about pursuing a case the next day.I would highly recommend this firm.
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