What Should You Know Before Pursuing a Medical Malpractice Case?
In a recent case from the Court of King’s Bench in Alberta, more than $16 million in damages were awarded to the plaintiff. This is a sobering wake-up call for doctors, highlighting the implications of medical malpractice cases.
In Grand Prairie, Alberta, an 11-month infant was admitted to the hospital after contracting a respiratory virus. Three days later, she went into septic shock arising from a lung infection. She had to be intubated and airlifted to a children’s hospital in Edmonton. The horrific result included the young girl having both of her legs as well as several of her fingers amputated.
The judge determined that the family physician should have placed the child on antibiotics and made her undergo tests much sooner than she did because of the serious possibility of a bacterial infection. In ruling, the judge concluded that the family physician ultimately breached the standard of care resulting in the progression of the child’s bacterial infection.
Cases like these can send shockwaves across the country, underscoring the serious consequences when physicians make errors in the course of their practice.
For plaintiffs who may have a medical malpractice claim, it is important to understand the aspects of the claim. Can they successfully demonstrate that malpractice did, in fact, occur?
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care through errors, omissions, or negligent actions during the treatment of a patient, resulting in injury or, in some cases, long-term harm.
Malpractice is closely aligned with the legal principle of negligence. Negligence occurs when an individual fails to exercise the level of care that a reasonably prudent person would under similar circumstances, resulting in harm to another. In the context of medical malpractice, establishing negligence requires demonstrating that a physician breached the applicable standard of care expected of a competent medical professional and that this breach directly caused the patient’s injury, a concept known as causation.
The Alberta case is reminiscent of the Ontario decision in Gumbley v. Vasiliou (2024), which demonstrates how medical malpractice claims can succeed when effectively presented before the court. In that case, the court ruled that the hospital critical care physician was found negligent for delaying the intubation and the involvement of a critical care physician in the treatment of a patient experiencing a severe asthma attack, ultimately resulting in permanent brain injury.
The patient’s rapidly deteriorating condition demonstrated an urgent need for earlier intubation being undertaken. Additionally, the evidence supported the conclusion that earlier involvement of a critical care physician could have mitigated or prevented further injury. Taken together, these factors (along with the critical care physician failure to enlist a more experienced practitioner to perform the intubation) were sufficient to establish causation.
It should also be noted that a common method by which a plaintiff may establish causation is through the retention of expert witnesses, who can provide reports explaining how the physician’s conduct directly caused the patient’s harm by departing significantly from the accepted standard of care.
If you believe that you or a family member has been the victim of medical malpractice, we encourage you to contact Singer Kwinter for a consultation. With decades of experience and a strong track record in complex medical negligence litigation, our firm offers the knowledge and expertise necessary to advocate effectively on your behalf.
