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ARTICLE · 08 NOVEMBER 2024

Understanding Damages In Ontario Medical Malpractice Cases

Nelligan Law
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Damages are intended to compensate the patient for the losses and harm they suffered due to the medical negligence.

CanadaLitigation, Mediation & Arbitration
Frances Shapiro-Munn
Frances Shapiro-Munn

After proving that a doctor fell below the standard of care in Ontario, the next step involves the assessment and awarding of damages to the injured patient.

Damages are intended to compensate the patient for the losses and harm they suffered due to the medical negligence. This blog explores the different types of damages in Ontario medical malpractice cases, how they are calculated, and the factors that influence their amount.

What are Damages in Medical Malpractice?

Damages in medical malpractice refer to the financial compensation awarded to the plaintiff for losses resulting from a healthcare provider's negligence. These are typically categorized into several types:

  1. Economic Damages: These cover quantifiable financial losses the patient has incurred and will incur in the future. They include:
    • Medical Expenses: Costs for past and future medical care related to the injury.

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