Resolving Medical Malpractice Claims in British Columbia

Many litigation lawyers avoid taking on medical negligence claims (medical malpractice claims) because of the difficulty in meeting the legal and evidentiary standards of proof against doctors and/or hospitals suspected of negligence in patient care. At Murphy Battista LLP, medical negligence claims represent a significant part of our practice.

Our law firm’s success on behalf of individuals and families affected by negligence in diagnosis or treatment is based on our years of experience gathering, analyzing and presenting complex medical evidence to insurers and before the courts. The legal team at Murphy Battista works effectively with a wide range of medical experts who are in a position to identify systemic failures in patient care and objectively evaluate the performance of their professional peers.

We handle a wide variety of negligence claims against doctors, hospitals and other health care providers. We also know what it takes to overcome the resistance of the Canadian Medical Protective Association (CMPA), the insurer that covers British Columbian doctors in medical negligence actions. Contact Murphy Battista for a free consultation.

Examples of our medical negligence experience include:

• Misdiagnosis, delayed diagnosis and similar errors in emergency treatment, family practice and radiology
• Medication errors in either the prescription or the administration of drugs
• Surgical errors
• Anaesthesia errors
• Negligent care by nurses in post-operative recovery
• Medical errors based on poor communication between doctors and nurses or between doctors from different specialties
• Medical records errors
• Birth injuries caused by negligence during delivery or prenatal care
• Dental malpractice

Proving Medical Negligence

Success in a medical negligence claim depends on more than proof of an error in judgment or practice on the part of a health care professional. It is also necessary to prove that the error causing the injury was of a kind that a reasonably careful professional would not have made under similar circumstances, and that the negligence actually resulted in the patient’s injury or death.

This burden of proof means that expert review of the circumstances and expert testimony will ordinarily be required to determine the viability of the medical negligence claim and to overcome the objections that the CMPA will be certain to raise in defending the actions of the doctor involved. At Murphy Battista, our experience properly investigating and proving medical negligence claims means that your case will be handled efficiently and knowledgeably.

For additional information about your potential claim for medical negligence claims in B.C., contact Murphy Battista for a free consultation.