Canadian Medical Malpractice Cases – A Review

Over the entire course of a career, every physician practising in Canada is likely to be involved a medico-legal issue at some point. Approximately 2% of physicians in Canada are named each year in a legal action.

Generally, a losing party in Canada is required to pay about 2/3 of the legal fees incurred by a successful party. Often, because the Canadian Medical Protective Association (CMPA) incurs considerable legal expenses towards defending claims, it acts as a disincentive to anybody who feels they might have suffered or been injured due malpractice from actually bringing any legal action to claim for damages.

Another Canadian law feature that discourages parties from proceeding with malpractice lawsuits against physicians is that the Canadian Supreme Court has put in place guidelines effectively capping awards for cases of suffering and pain in all except very exceptional cases.

Proving Medical Negligence

Even with the existence of the above factors that greatly dissuade medical malpractice lawsuits across Canada, numerous cases are still reported in which the courts have found hospitals, doctors, and health care professionals to be liable for acts of medical negligence in the course of delivering health care services.

In order for medical malpractice suit to be successful, the plaintiff needs to show that the defendant failed to deliver the owed standard of care, and that defendant owed the claimant a duty of care. It must also be shown that the injuries suffered by the plaintiff were reasonably foreseeable, and that the breach of the duty of care by the defendant was indeed the proximate cause of the injuries suffered.

To prove negligence is harder as the Canadian Medical Protective Association (CMPA) is known to vigorously defend malpractice lawsuits. In addition, there exists a flexible cap on loses that are non-pecuniary in nature, and it’s rare when punitive damages are awarded. In Canada, similar to most other countries, an error of judgment doesn’t necessarily amount to negligence even though it led to injury.

Coping With Medical Error

In a medical career, decision making errors cannot altogether possibly be avoided. Among the healthiest responses to such a scenario is to appreciate the error and develop plans on how to reduce the possibility of future such occurrences. Often, this kind of response provides healing and comfort to the affected physician

According to many medical malpractice experts, in coping with error during medical practice, it is becoming necessary for the medical personnel to develop a less idealized, more realistic approach, and promote more self-confidence and competence.


A malpractice claim is deemed to be valid if a health provider’s negligence leads to patient injury or causes physical damages. Experiencing a bad outcome, however, isn’t necessary proof of any medical negligence.

It has been proven by medical malpractice experts that rapid intervention in cases of medical malpractice facilitates faster and healthier coping strategies, restores self-esteem and sense of equilibrium during turbulent times for physician, the patient and the medical expert witness concerned. For additional insights, please visit JD.MD, Inc.

Lead a Better, Healthier Life by Visiting a Sleep Clinic

One of the best ways of revitalizing both the body and mind is having a good uninterrupted sleep. However, many people are daily hounded by sleeping problems which often result into poor health. They wake up tired, short-tempered and easily irritable. Sleeping problems can result to serious complications including stroke, heart disease, high blood pressure and diabetes, if untreated. Therefore, there is an urgent need to seek a remedy in a sleep clinic if you are not getting enough regular sleep.

Breathing in your Sleep

When you are awake, certain muscles keep the airway open. They relax together with other body muscles. However, when asleep, some people’s airways are so narrow that they vibrate while they sleep, causing snoring.

In many cases, the airway may be frequently shut as result of snoring. Thus your sleep is interrupted and your body wakes countless times. This is commonly known as Obstructive Sleep Apnoea (OSA).

Diagnosing Sleeping Problems

It is not easy to tell whether a person is just snoring, or the situation has worsened to sleep apnea. One of the signs of the condition is exhaustion that has no known cause. In addition, if you or a close person snores extremely with interruptions of only short breaks, OSA may be the culprit.

There is no doubt that there is a connection between sleep disorders and morning headaches. Many cases of migraines and other types of headaches usually occur in the early morning. This is suggestive that the headache is highly likely to be a result of sleeping disorders including insomnia and OSA. Other condition that may cause headache include sleeping excessively in the daytime, clenching the jaw while sleeping, disorders of the body clock (circadian rhythm), sleepwalking and narcolepsy. However, you can never be sure unless you see a specialist for a sleep study test.

The Solution

When you visit the sleep clinic, your doctor may go for one of the several options available. He or she may recommend the use of surgery to adjust anatomical features like large tonsils which block the airway. The other option is application of Mandibular Advancement Splints (MAS); devices that help pull forward the lower jaw in order to open the airway during sleep. However, Continuous Positive Airway Pressure (CPAP) therapy is the most effective solution to both mild and severe sleep apnoea. CPAP masks enable small increases of pressure on the airway thus stopping any type of snoring or sleep apnoea.


Sleeping problems, including all types of snoring are the cause of many health problems. In addition, they lead to less productivity during the daytime since the patients cannot concentrate on their work. It is also the cause of many conflicts at the workplace as a result of the patients’ increased irritability.

Back at home, they can easily cause social problems including separations. For instance, people whose spouses’ snoring resounds through the house can hardly sleep comfortably and will wish for a way out. Nevertheless, it doesn’t have to get that bad. If you or a family member has sleeping problems, visit a sleep clinic for further advice.

Can Chiropractic Adjustments Treat Your Seasonal Allergies?

Seasonal allergies affect an estimated 50 million people in the United States (source: Sufferers have spent an estimated $1.75 billion on allergy treatments in 2010. Despite the enormous amount of allergy drugs available in pharmacies, few manage to find relief from the debilitating symptoms of seasonal allergies. However, it turns out that a chiropractor can provide you with the allergy relief you need.

What Causes Seasonal Allergies?

Seasonal allergy symptoms occur as your body’s response to substances it considers to be harmful, despite the fact that common allergens like pollen are actually harmless. The exact reason that the body responds this way is unclear, but what scientists do know is that your immune system releases chemicals called histamines to combat these substances (source: Histamines aggressively try to remove these substances from the body in the form of coughing and sneezing.

While seasonal allergies are rarely life-threatening, they do interfere with a person’s well-being and ability to be productive. Allergy symptoms such as coughing and sneezing vary in severity between those who suffer, but all sufferers can agree that they are desperate for a solution which both treats and prevents the effects of seasonal allergies.

How A Chiropractor Can Treat Your Seasonal Allergy Symptoms

Many would be surprised to discover that a chiropractor can actually treat seasonal allergies. In addition to treating neck, back and shoulder pain, chiropractors also treat various health problems by performing spinal adjustments.

This is because when we have a spinal misalignment, our entire central nervous system is thrown off. The brain is receiving inadequate information from the nerves connected to the spine. The immune system relies on this communication to function properly. When the spine is misaligned, the central nervous system cannot do its job. This results in an immune system which is not receiving proper information from the nervous system and is therefore compromised.

Seasonal allergies are technically the result of an immune system miscommuncation in which histamines are sent to combat a substance which is in fact harmless. Chiropractors can treat this immune system error by adjusting the spine back into proper alignment so that the central nervous system and the immune system can do their jobs properly.

What Can I Expect From My Chiropractic Treatment?

If you are new to the world of chiropractic care, your chiropractor will most likely recommend two to three visits a week before reducing them based on your progress. During each visit, your chiropractor will adjust your spine by manipulating it slightly with their hands and chiropractic devices. This treatment is painless and fast, and some allergy sufferers have stated that they felt their sinuses clear up after their very first adjustment.

If you suffer from seasonal allergies, it is wise to begin a chiropractic treatment regimen before the time of year in which your allergy symptoms are at their most severe. By getting regularly adjusted by your chiropractor, your immune system will be working better than ever so that severe allergy symptoms will become a thing of the past. For additional resources, you may be able to learn more at the Chiro-Med Rehab Centre blog.