What are the steps in a Medical Malpractice case?

• Discovery that something may be wrong
• Expert medical diagnosis
• Meet with lawyer
• File lawsuit before limitation date
• Commence negotiations with CMPA
• Pre-trial examinations
• Exchange of documents
• Set the trial date
• Trial
• Appeals

You may not suspect that a medical practitioner has done anything wrong until long after you have been treated; this may be months, or even years.  There is a limited time in which you must file a lawsuit against a medical practitioner for medical malpractice, after which you lose your right to recover any damages. The deadline is often called the "limitation date".  If some time has passed between the time that you have seen the medical practitioner and the time that you notice something wrong, you should see your lawyer immediately to avoid any chance of missing the limitation date.


Top of Page

You must seek another opinion as to your condition. A good medical malpractice lawyer may be able to recommend some specialists to see.  This is important to determine if your doctor or medical practitioners have done or not done anything that a "reasonable doctor" would do in your case.

Top of Page

You can then meet with a lawyer to review the medical findings with you, and see if there is any case worth pursuing. Assuming that there is a good chance of a court finding at least one of the medical practitioners negligent, the lawyer would then need to assess what damages that you have suffered, and calculate a range of what you might expect to win, based upon recent court decisions.


Top of Page

Your lawyer must file a lawsuit before the limitation date in order to preserve your legal rights.  If this isn't done, you won't be able to sue the medical practitioners in court, and it will be unlikely that you will be able to recover anything.


Top of Page

All licensed doctors in B.C. are required to carry malpractice insurance through the Canadian Medical Protective Association ("CMPA").  The CMPA will avoid paying out claims, or if a court is likely to find the doctor liable, their task is to pay out the least amount to settle the claim.


Top of Page

This usually happens 6 to 12 months after commencing the lawsuit, and each party will be examined by the lawyers for the other side, under oath.  Your lawyer will try to get evidence from the medical practitioners that they did not follow proper procedures, and their lawyers will try to get evidence from you that you did not suffer any damages.


Top of Page

Each side will have to give the other side all documents relevant to the case.  This will include medical records, notations, expert witness reports, as well as your income tax returns, financial statements, and other evidence of lost income (past, present or future).


Top of Page

Your lawyer will review the options for setting the trial date.  If this is set too early, you may not have all your symptoms show up, and the damages the court awards you may be less than if the trial was later.


Top of Page

If you still cannot come to a negotiated settlement before trial, then you will have to go to court.  The court will hear evidence to determine whether any of the medical practitioners were at fault, and also the amount of damages suffered.  Your lawyer may call other doctors as expert witnesses, and also present evidence as to your lost income and future income.  At the end of the trial, the judge or jury will need to decide which, if any, of the medical practitioners were at fault, and if so, how much damages you suffered.


Top of Page

If one side or the other does not like the decision at trial, he or she can appeal the decision to the B.C. Court of Appeal.  There, other judges will review the decision, based upon the facts established, and decide whether it was correct, or else overturn that decision.


Top of Page

More questions?

Contact Bruce Lemer in Vancouver email at bottom of his profile