Jason Konvicka: Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. In essence, it boils down to whether the provider was negligent.
A violation of the standard of care - The law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.
It is usually the case that a visit to our doctor will be enough to receive the medical advice required to send us away on the road to recovery without any further intervention being required. However, on occasion, GPs act negligently which results in complications being suffered by the patient. This may lead to further treatment or surgery which would have been unnecessary but for the GP’s negligence.
The CMPA has also been criticized for defending medical malpractice suits extremely vigorously and turning down reasonable offers to settle claims to discourage other lawsuits on a number of occasions. One judge reportedly referred to the CMPA as pursuing a “scorched earth policy.” In Canada, a losing party is generally required to pay about two-thirds of a successful party’s legal fees. Since the CMPA often incurs large legal expenses in defending claims, this is an additional disincentive to persons who believe that they have been injured through malpractice from bringing an action for damages.
Was seeing a neurosurgery specialist for a back injury (L4 L5 and S1) for about 2 months. Each visit was prescribed different medications because nothing was working. With each visit the doctor said "if this doesn't work we will discuss surgery" long story short nothing worked and on my final visit he said "I am at a medical stand still. There is nothing else I can do for you without doing surgery and I don't want to put you through the trauma of the surgery." I told him it's getting worse he said it's your body compensating self medicate with Tylenol and ibprofen. I told him Tramadol and Lortabs do not work so why would that....he just repeated what he said and ended the visit. I was handed I piece of paper at check out saying I have been medically released. Found out he put in my chart that I was no longer having leg pains so improvement led him to release me.which obviously was not the conversation we had! Fast forward 3 months and my new doctor said Lumbar Fusion surgery because I am not improving and its been 8 months. Can I sue the 1st doctor for lying in the report so he could release me. It's a workers comp case and I believe he just didn't want to deal with it.