Feb 17, 2022 in News --> Birth Injury

Charlottetown Medical Malpractice Case Highlights Benefits and Challenges of Malpractice Claims

There are many factors that make medical malpractice cases challenging for Canadian plaintiffs and medical malpractice lawyers. The Canadian Medical Protective Association (CMPA) is one such factor; the daunting task of establishing causation is another. There are also the issues of prohibitive costs and the specialized expertise required to litigate a successful claim.

Despite these challenges, successful medical malpractice cases can also help patients and their families navigate their post-injury reality. Not only do successful malpractice claims provide plaintiffs with financial compensation to fund their recoveries and/or care, they can also offer a much-needed sense of closure.

A recently settled lawsuit in Prince Edward Island serves as an example of both scenarios. It also highlights another challenge associated with malpractice claims: how long they take.

The plaintiffs in the case were the mother and father of Emma Roche who, at eight months old in January 2010, suffered “irreparable brain damage following treatment at Queen Elizabeth Hospital” in Charlottetown, according to the couple’s statement of claim.

After being diagnosed with a fever and upper respiratory infection, Emma was discharged. She was later readmitted and went into cardio-respiratory arrest. She was then airlifted to Halifax, where her injury was diagnosed. In 2011, her parents sought $22 million in a medical malpractice claim, in part to cover the cost of Emma’s life-long care.

Emma died in 2019 at the age of nine. The resolution of her medical malpractice case has brought her parents “some sense of relief,” her lawyer said, according to CBC News P.E.I.

“I can’t tell you the amount of tears shed, the emotion in this particular case,” he said. “It’s huge. It’s been a highly emotional and charged case over all these years.” 

The lawyer also touched on some of the challenges mentioned above, particularly the length of time medical malpractice cases take in Canada and the uncertainty faced by plaintiffs.

“There has to be a cultural change in the way we bring these very rare but very significant cases to a court of law, so the family can know if they’re going to have the resources to provide the necessary care to their loved ones,” he said.

Contact Neinstein Medical Malpractice Lawyers

Despite the challenges associated with medical malpractice cases, pursuing a claim can be worthwhile for seriously injured patients. At Neinstein, our team of malpractice lawyers has decades of experience representing vulnerable Canadians in complex cases. If you’ve been injured in a medical setting, contact us today to learn how we may be able to help.

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