Examples of medical negligence
- Birth injuries, including cerebral palsy caused by a lack of monitoring
- Surgical errors and complications that were not properly managed
- Missed or delayed diagnosis, including cancer and infections
- Medication errors and wrong dosages
- Anaesthetic errors
- Failure to obtain informed consent before a procedure
Before suing a provincial health department, you must give written notice within six months of the date the debt became due, under the Institution of Legal Proceedings against Certain Organs of State Act. The claim itself generally prescribes after three years from when you knew, or should have known, of the negligence.
Children: under the Prescription Act, a child's claim does not prescribe until at least one year after their 18th birthday. The six-month notice to the state still applies to a child's claim, although a court can allow late notice.
How a claim works
- ConsultationYou tell us what happened and we discuss whether the treatment may have been negligent.
- RecordsWe obtain your complete hospital and medical records.
- Expert reviewIndependent specialists assess whether the care fell below the accepted standard and caused your harm.
- Notice and summonsWe give the required notice and issue summons against the practitioner, hospital or department.
- Settlement or trialMost claims are decided on expert evidence. We negotiate a settlement or take the matter to trial.
What to bring to your first meeting
- Your ID document, and the patient's if you are claiming for a child
- Any hospital or clinic cards, discharge summaries and medical records you have
- Accounts and receipts for medical costs
- A timeline of the treatment, with dates and the names of doctors, if you can
- For a death claim: the death certificate and post-mortem report, if available
Questions about medical negligence
Is a bad outcome the same as negligence?
No. Treatment can fail even when it is given properly. A claim needs proof that the care fell below what a reasonable practitioner would have done, and that this caused the harm. Independent experts help establish both.
Can I afford to bring a claim?
Qualifying claims can be taken on a contingency basis under the Contingency Fees Act, so our fee is paid from what you recover. We explain the terms in full before you sign.
Can I claim for my child?
Yes. A parent or guardian can claim on behalf of a child. Under the Prescription Act, a child's claim does not prescribe until at least one year after the child turns 18. Claims against the state still need written notice within six months, although a court can allow late notice for a child, so it is best to act early.
Will I need to go to court?
Many claims settle before trial. If yours goes to trial, we prepare you for what to expect.