Yes, you are entitled to a copy of your health care records (the original records remain with the medical provider). Your entitlement to records includes those kept by hospitals, doctors, EHS records, midwives, dentists, physiotherapists, and by other health care providers. This includes being entitled to medical imaging and photos that form part of your chart.
The Health Authorities that oversee B.C.’s hospitals have standard forms that you can use to request your hospital records. Here are links to the standard forms:

Fraser Health, Vancouver Coastal, Providence Health, Provincial Health Services (e.g., BC Children’s and Women’s, BC Cancer):
https://www.providencehealthcare.org/sites/default/files/Authorization%20for%20the%20Release%20of%20Health%20Records.pdf

Northern Health Authority:
https://www.northernhealth.ca/sites/northern_health/files/about-us/information-privacy-office/documents/authorization-to-disclose-clinical-information.pdf
 
Interior Health Authority:
https://www.interiorhealth.ca/sites/default/files/PDFS/foi-request-personal-health.pdf
 
Island Health Authority:
https://www.islandhealth.ca/sites/default/files/2019-08/request-health-records.pdf
Our office routinely obtains records on behalf of clients and potential clients.

Yes, you can file a complaint with the professional body that oversees the wrongdoer’s profession. For example, a complaint can be filed with the College of Physicians and Surgeons of BC if you are upset about care provided by a medical doctor. Complaints about hospital care can be directed to the Patient Care Quality Office for the Health Authority.

Filing a complaint does not cost anything. But be aware that, in the event a finding of substandard care isPatient_Care_Quality_Offices.aspx
 
College of Physical Therapists of BC:
https://cptbc.org/patients/complaints/
 
College of Chiropractors of BC:
https://www.chirobc.com/complaints-discipline/
 
You can both lodge a complaint with a professional organization and sue a wrongdoer. 

In, B.C., a lawsuit seeking damages due to malpractice is commenced by filing a Notice of Civil Claim at a B.C. Supreme Court registry office (or in Small Claims Court if the claim is worth under $35,000). The Notice of Civil Claim identifies the defendants that you are suing and sets out details as to their alleged wrongdoing, the damages you suffered, and the legal principles you rely upon.

The Notice of Civil Claim must then be served on each defendant (a copy of the claim given to the defendants in a formal manner). Once served, the defendants will file a Reply (a defence) to your claim. Many steps will then follow including document disclosure, pretrial questioning. The end result is typically either a settlement or, if a trial takes place, a judgment in favour of one of the parties.

Sometimes, this question is easy to answer. For instance, a GP who failed to read an ominous imaging report sent to her would be an obvious wrongdoer. Other times, who is at fault is difficult to determine until more information has been obtained. Frequently, more than one person is to blame for a poor outcome. This is particularly the case if the injury occurred in a hospital setting where multiple doctors and nursing staff may have played a role in a poor outcome.

In Canada, professional health care providers are required to carry liability insurance, or its equivalent. Therefore, if you sue a professional health care provider, it is very likely that a lawyer will be retained by the insurer to defend against the claim and pay any settlement or judgment award (subject to a possible deductible).

If you are an adult, you have two years in which to start a legal action for malpractice. If a doctor carried out a negligent surgery on March, 12, 2022, you normally would have until March 11, 2024 to sue.

However, that two year time period can sometimes be extended due to the law stating that the two years only starts to run when you “knew or ought to have known” that you may have the basis for a claim. For example, if a doctor failed to read an MRI report in 2015 that identified cancer, but the error was only disclosed to you on June 3, 2021, you likely have until June 2, 2023 to file a legal action.

If the claim relates to care provided to a child, the two year time period only starts when the child turns 19.

If the claim is sought on behalf of someone who is mentally incompetent, there is no time limit on suing.

Also, a Covid-related temporary suspension of limitation periods may play a role in determining when your time to sue ends.
Please contact us if in doubt about whether you still have a right to sue.

Our office will review your claim and let you know whether we think the claim is viable. We normally do so at no cost to you. If, after reviewing your claim, we believe your case is viable, we may offer to act on your behalf on a contingency fee basis, whereby we receive a percentage of your settlement award or judgment rather than charging you an hourly fee. Contingency fees make litigation feasible for those who cannot otherwise afford a lawyer.

In almost all health care negligence cases, an expert opinion is needed to establish that the defendant’s care fell below the standard reasonably expected of such a professional. For example, an opinion from an experienced nurse will typically be required if alleging that a nurse’s negligence caused your injury.

In addition, an expert opinion is required to prove that the substandard care caused your injury. For example, in a case involving a stroke that followed a medication error by a nurse, an expert will be needed to prove the administration of the medication was substandard and a further opinion will be needed to prove that the medication error caused the stroke.

Experts are important but not the whole story. Evidence from you and potentially other witnesses about what happened and what was said can be just as important. Photos taken on a phone and text messages also can play important roles.

Most malpractice cases take a number of years to resolve. In some circumstances, where life expectancy is an issue, cases can be fast-tracked.

Each case is different and sometimes the extent of the damages recoverable is not well known until after the litigation is underway. A successful plaintiff may be entitled to compensation for their: pain and suffering; past and future loss of earnings; past and future care costs; and sometimes an award for care provided by family members.

The pain and suffering component of a claim is currently capped at approximately $400,000.00 in Canada (with the amount increasing each year with inflation). The $400,000.00 cap does not apply to the amounts recoverable for care costs and lost earnings.

In cases with severe and permanent injuries, the largest components of the claims are often the cost of needed care and the loss of earnings.

Yes, certain people including spouses and financially dependent children can sue for damages arising out of the wrongful death of a person due to malpractice. As a consequence of antiquated and often-criticized legislation, BC is one of the only jurisdictions in Canada that restricts such claims to recovery of financial losses, with nothing being paid for the resulting grief.