Medical negligence claims in British Columbia and Alberta require proof that a doctor breached the applicable standard of care and that the breach caused the patient’s injuries. Establishing negligence alone is not enough. Both provinces generally have a two-year limitation period, although exceptions may apply. Claims against doctors are commonly defended by the Canadian Medical Protective Association (CMPA).
What Do You Need to Prove When Suing a Doctor for Medical Negligence?
Before pursuing a claim against a doctor in BC or Alberta, it is important to understand the standard of care and whether that standard was breached. The standard of care refers to the level of care and skill reasonably expected of a doctor in similar circumstances. Determining whether that standard was met typically requires a review of the medical records and an opinion from an appropriately qualified medical expert.
Even if a breach of the standard of care is established, it still must be proven on a balance of probabilities that the harm was caused, in fact and in law, by the breach.
In other words, it is not enough to show that a doctor made a mistake or that a patient suffered an injury. There must also be a sufficient connection between the doctor’s conduct and the harm suffered.
What Does the Supreme Court’s Decision in Hemmings v. Padmore Mean for Medical Negligence Claims?
The issue of factual and legal causation was addressed by the Supreme Court of Canada in Hemmings v. Padmore, 2026 SCC 34.
In Hemmings, the plaintiff was a young woman who was morbidly obese and therefore at high risk of having complications during her upcoming pregnancy. During the birth, the plaintiff required a C-section and became panicky, leading the anesthesiologist, Dr. Jamensky, to administer a general anesthetic. During the course of this procedure, while the baby was delivered successfully and healthy, the plaintiff suffered cardiac arrest and severe and permanent brain damage.
The plaintiff argued, among other things, that her obstetrician, Dr. Padmore, was negligent for failing to inform Hemmings of the risks inherent in her pregnancy given her morbid obesity. Ultimately, the Supreme Court of Canada decided that the wrongful conduct of Dr. Padmore did not meet the legal causation test, given the injuries sustained by Hemmings were too remote from his wrongdoing. Dr. Jamensky was solely liable in the circumstances for the harm done to Ms. Hemmings.
This is instructive when assessing the proper parties to name in a medical negligence claim, given the decision clarifies the law with respect to foreseeability in medical negligence claims.
The decision illustrates an important distinction. Factual causation considers whether the doctor’s conduct actually caused the injury. Legal causation considers whether the injury was a reasonably foreseeable consequence of that conduct. A doctor may have breached the standard of care without being legally responsible for every injury that followed.
How Long Do You Have to Sue a Doctor in BC or Alberta?
While understanding the standard of care and causation is important, it is also important to note the timeframe limitations that apply to these claims.
In British Columbia and Alberta, the basic limitation period is two years. Generally, that period runs from when the claim is discovered, which is not necessarily the date the medical treatment occurred. The timing depends on when the patient knew, or reasonably ought to have known, the relevant facts giving rise to the claim.
In certain circumstances, for example, if a plaintiff is under a legal disability, the limitation period may be extended or postponed.
It is important to obtain legal advice promptly and file a claim before the applicable limitation date expires. Missing that deadline may prevent the plaintiff from pursuing a claim for medical negligence.
What Happens When You File a Medical Negligence Claim Against a Doctor?
Once the proper parties have been identified and a claim has been filed, doctors will commonly be defended by the Canadian Medical Protective Association, or CMPA.
The CMPA is a national organization that provides medical-legal assistance to eligible physician members, including assistance with defending medical negligence claims. An individual who pursues a claim against a doctor in Canada should expect the CMPA to mount a vigorous defence.
This means that medical negligence claims often involve a detailed review of medical records, expert opinions, and evidence about whether the doctor’s conduct caused the patient’s injuries. The CMPA may also explore settlement where the evidence supports a finding that negligent care caused harm.
Want to Discuss a Medical Negligence Claim?
If you believe you or a family member has been injured as a result of medical negligence in BC or Alberta, Bryan Fitzpatrick at Pushor Mitchell LLP can help you assess your circumstances, understand the applicable deadlines and determine whether you may have grounds for a claim.
Frequently Asked Questions About Suing a Doctor in British Columbia or Alberta
Can You Sue a Doctor if a Medical Procedure Goes Wrong?
A poor medical outcome does not automatically mean a doctor was negligent. To succeed in a medical negligence claim, you must establish that the doctor breached the applicable standard of care and that the breach caused your injuries. Medical records and expert evidence are often needed to assess these issues.
How Do You Know If You Have a Medical Negligence Case?
Determining whether you have a medical negligence claim generally requires reviewing what happened during your treatment, whether the care met the applicable medical standard and whether any failure caused your injuries. A lawyer experienced in medical negligence claims can help assess the circumstances and determine what medical evidence may be required.
How Much Does It Cost to Sue a Doctor for Medical Negligence?
Pushor Mitchell typically offers contingency fee arrangements for medical negligence claims. This means legal fees are paid from compensation recovered through a settlement or court award. Other expenses and potential court costs may still apply. A lawyer can explain the fee arrangement and financial risks before you decide whether to proceed. There is no charge to discuss your potential case.
When Does the Two-Year Deadline to Sue a Doctor Begin?
In BC and Alberta, the basic two-year limitation period generally begins when the claim is discovered, rather than automatically starting on the date of treatment. The discovery date and any applicable exceptions depend on the circumstances. It is important to seek legal advice promptly because missing a limitation period may prevent you from pursuing a claim.
Can More Than One Doctor Be Responsible for a Patient’s Injuries?
Yes. Depending on the circumstances, more than one healthcare provider may be legally responsible for a patient’s injuries. However, a breach of the standard of care alone is not enough. The necessary connection between each provider’s conduct and the injury must also be established.
This article provides general information only and is not legal advice. The application of the law depends on the circumstances of each case. Consult a lawyer before acting on this information.
