{"id":10365,"date":"2025-01-22T15:09:37","date_gmt":"2025-01-22T20:09:37","guid":{"rendered":"https:\/\/www.sabbagh.ca\/articles\/uncategorized\/what-is-malpractice\/"},"modified":"2026-02-25T14:11:21","modified_gmt":"2026-02-25T19:11:21","slug":"what-is-malpractice","status":"publish","type":"post","link":"https:\/\/www.sabbagh.ca\/en\/articles\/civil-law\/civil-liability\/what-is-malpractice\/","title":{"rendered":"What is Malpractice?"},"content":{"rendered":"

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What is malpractice?<\/span><\/h2>\n

When you call on the services of a professional (doctor, accountant, lawyer, etc.), you are entitled to receive his or her services in a reasonable manner. This means they must perform their duties with your best interests in mind. <\/p>\n

If for any reason you feel that a doctor, accountant, lawyer or other professional has failed to take your interests into account, you can take legal action for professional negligence.<\/p>\n

We all make mistakes<\/h2>\n

Doctors, accountants and lawyers are people first and foremost. With that in mind, you can’t expect them to meet all your needs perfectly. <\/p>\n

By law<\/a>, they are obliged to provide services in the same way as a reasonably competent specialist. Professional misconduct occurs only in certain circumstances, when they fail to meet the standards of reasonable competence of their profession. <\/p>\n

To qualify for a legal action for professional negligence, two criteria must be met<\/em>.<\/p>\n

Criterion no. 1<\/h2>\n

First, you must have suffered damage from one of the professionals in question<\/em>.<\/p>\n

In the case of a doctor<\/strong>, his or her actions must have caused you physical or mental harm.<\/p>\n

In the case of an accountant<\/strong>, if he or she has provided you or an external organization with incorrect or missing information, this must have caused you legal or financial harm.<\/p>\n

As far as the lawyer<\/strong> is concerned, the prejudice must take the form of an unfavorable judgment or conviction resulting from an action or omission on the part of the lawyer in handling your case.<\/p>\n

That said, it’s important to know that you too must have acted reasonably in your dealings with said professional.<\/p>\n

Criterion no. 2<\/h2>\n

In the event that you have failed to disclose material information leading to an adverse outcome, it is deemed unreasonable to hold the professional liable through fault for your failure to disclose.<\/p>\n

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Here is an example of malpractice:<\/h2>\n
You are consulting a doctor for physical pain while awaiting diagnosis, treatment and prescription of opioid analgesics. <\/span><\/div>\n
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If you neglect to tell the doctor that you’re addicted to painkillers and at risk of overdosing, you won’t be able to sue for malpractice. <\/span><\/div>\n
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However, if you have told him about your addiction and he prescribes the medication anyway, you may have immediate cause to sue him for malpractice. <\/span><\/div>\n

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How do I file a malpractice suit?<\/h2>\n

If you think you’ve met the above-mentioned prerequisites for a malpractice claim, it’s your right to test the waters.<\/p>\n

You should be aware, however, that malpractice claims involve such complex laws and issues that they are not something you can pursue on your own.<\/p>\n

That said, your best recourse is to retain the services of a malpractice attorney.<\/p>\n

Depending on the damages you feel you’ve suffered, you could be offered a substantial sum in damages. With so much at stake, you’d be well advised to retain the services of a Canadian lawyer who specializes in this type of lawsuit. <\/p>\n

Of course, a general practitioner could probably handle your case, but if it turns out to be the least bit complicated, it would be best to call in a civil liability lawyer<\/a>.<\/p>\n

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Here are the benefits of hiring a reputable malpractice attorney:<\/p>\n