Medical malpractice is a form of negligence case. In this negligence case, the offer is a healthcare provider, mostly a physician, and works on the state personal injury law. Medical malpractice condition applies when the physician digresses from the normal standard course of action, whether by intent or by mistake. For instance, if your hospital bed's rail isn't locked properly, that can be posed as a medical malpractice as an open-heart surgery performed in a different process can be. It can be in the form of wrong medication, lack of follow-up care, surgical, prenatal or delivery errors, including anesthesia.
Any form of physical care that is substandard is termed as medical malpractice. Substandard can be defined as violation of the normal procedure of medical actions.
In this case, the Canadian law definitely protects you from medical negligence from your physician, whether he is a private physician or a hospital employee. The first thing to be proven is the professional relationship between the physician and the patient. The second thing is that the patient hasn't given any informed consent to the recommended digression from the normal process. This normally happens when the physician explains the benefits, risk and detailed process of a recommended action, rather than the normal one, and the patient agrees to it.
If it is not informed and consented to beforehand, then the patient can claim compensation for the negative consequences that followed the medical malpractice. But just saying that you could have been hurt due to the malpractice isn't enough. You have to show real consequences, whether physical or economical, and its direct relation with the medical malpractice.
Compensation claims on medical negligence cases can turn out to be quite tiring, cumbersome and tricky at most. The plaintiff's prosecutor who is pretty much deft in the lawsuits will even make it so. The only way is to find yourself a good lawyer specializing in malpractice cases, and let him take it from there.
If it is not informed and consented to beforehand, then the patient can claim compensation for the negative consequences that followed the malpractice. But just saying that you could have been hurt due to the malpractice isn't enough. You have to show real consequences, whether physical or economical, and its direct relation with the malpractice.