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Medical malpractice occurs when a doctor or healthcare provider neglects a patient by failing to provide appropriate treatment or delivers care that falls below the accepted standard, potentially causing harm.
Medical malpractice law is a branch of tort law focused on negligence in healthcare. It allows patients to seek compensation for harm caused by substandard medical treatment, even in the absence of a broken contract or criminal act.
Delayed diagnosis – leads to incorrect treatment and worsening conditions.
Medication errors – prescribing or administering incorrect dosages.
Surgical mistakes – performing wrong procedures or damaging other organs.
Poor communication – between healthcare staff, causing treatment errors.
A failure to provide appropriate care.
Harm or injury directly resulting from negligence.
Substantial damage, such as:
Chronic pain
Loss of income
Permanent disability
This landmark Canadian case helped define the standard of care expected from medical professionals.
"Every medical practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care…"
A 5-year-old patient was given anesthesia via a mixture of ether and oxygen.
When complications arose, the mixture was stopped temporarily.
Upon re-administering, an explosion occurred due to leaked ether-oxygen vapors and static electricity, severely injuring the child.
Dr. Sylvester was found negligent for not fully stopping oxygen flow and for using a non-standard procedure.
Because this technique was not proven to be a standard hospital practice, and appeared to be Dr. Sylvester's own approach, the court ruled in favor of the patient and awarded compensation.
Danielle Boyd, 24, visited Hanover Hospital with high blood pressure and severe headaches.
Diagnosed with a migraine, hypertensive crisis, and alcohol use by Dr. Richard Edington.
Symptoms worsened; Dr. Edington delayed re-evaluation for 3 hours.
Boyd had a vertebral artery dissection (VAD), leading to a massive stroke and paralysis below the neck.
VAD is rare, and its symptoms are often mistaken for migraines or alcohol intoxication.
Dr. Edington was found liable for negligence and ordered to pay $15 million to Boyd and her family.
Medical malpractice law ensures accountability in healthcare. While human error is natural, the law requires medical professionals to uphold a standard of care that prioritizes safety and proper treatment. These cases remind us of the importance of diligence, communication, and ongoing medical education.
Engel, K. G., & Hunt, E. A. (2009). Medical malpractice and pediatric sedation: An overview. PMC
Medical News Today. (2020, June 11). What is medical malpractice? Link
Morrissey Legal Group. (2024, February). 4 factors contributing to medical malpractice. Link
CanLII Connects. (n.d.). Medical malpractice and the standard of care. Link
Pacific Medical Law. (2020). Medical malpractice: An overview (Rev. 2). Link
Supreme Court of Canada. (1956). Sylvester v. Crits, 1956 CanLII 29 (SCC). Link
Halifax Medical Malpractice Lawyer Blog. (2014, March). Defence experts crossed the line. Link
Lexpert. (n.d.). The five costliest examples of medical negligence. Link
Healthy Debate. (2014, April). Medical malpractice. Link
Dabosmita is a Year 12 student who is endlessly curious and excited to explore new ideas. She actively engages with the latest developments in technology and medicine, while also enjoying deep, contemplative discussions in philosophy. Her interdisciplinary mindset and passion for learning drive her to seek knowledge beyond the classroom.
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