The medical liability of physicians is at the heart of health law in Quebec. When healthcare professionals practice medicine, they are not only exercising their clinical skills, but also fulfilling legal and ethical obligations. Physicians must act with diligence and competence toward their patients, or they may be held civilly liable in the event of medical malpractice or harm. If a patient suffers harm as a result of a medical error, they may seek compensation through liability proceedings. This article details the legal framework, the conditions for holding physicians liable, and how a lawyer specializing in medical liability can assist patients in Montreal.
1. The legal framework of medical liability
The legal basis
In Quebec, medical liability can fall under two regimes: contractual and extracontractual. When a patient expressly chooses a physician, a contract is formed, and the physician’s liability is assessed within the framework of that contract. Otherwise, as in emergency situations, the extracontractual regime applies.
According to the Civil Code of Québec, articles 1457 and 1458 govern the obligations of physicians. Article 1457 C.C.Q. specifies that a physician may be held liable if he or she commits a civil fault causing damage to a patient. Article 1458 applies when the relationship is governed by an implicit or explicit contract.
Obligation of means vs. obligation of results
As a general rule, doctors are subject to an obligation of means: they must use all their skills and exercise their profession diligently, but without guaranteeing the success of the treatment. This means that patients cannot sue doctors simply because a treatment did not produce the expected result.
However, certain situations fall under an obligation of result, for example when a medical malpractice is obvious and a doctor has committed an act that any prudent practitioner would not have committed. These cases remain exceptional and serve to protect patient safety and the quality of medical practice.
Specific obligations of physicians
Healthcare professionals, and physicians in particular, are governed by the Code of Ethics for Physicians, which sets out the duties and obligations associated with the practice of medicine. These responsibilities and obligations include:
- Obtaining the patient’s consent before any medical procedure, except in an emergency. The physician must provide the patient with complete information about the procedure and inform the patient of all risks.
- Respecting professional confidentiality: the physician must act with discretion and respect professional confidentiality regarding all medical information.
- Ensuring careful follow-up: physicians have an obligation to monitor the patient’s progress and adjust treatment if necessary.
Physicians must therefore practice their profession with caution, competence, and diligence toward their patients to avoid committing medical malpractice that could engage their professional liability.
2. Conditions for medical liability
For a patient to obtain compensation under the doctor’s medical liability, three elements must be present: fault (breach of duty), damage, and causation.
1. Negligence
Medical negligence corresponds to any breach of the duty of care, diligence, or obligations of physicians. This may include:
- A late or incorrect diagnosis.
- Failure to provide appropriate follow-up or treatment for a patient.
- Failure to respect the patient’s consent or ethical duties.
To be classified as negligence, the doctor’s action or omission must be assessed according to what a prudent doctor would have done in the same circumstances. If the doctor acted in accordance with medical standards, they cannot be held liable.
2. Damage
The patient must demonstrate that they have suffered physical, moral, or material damage. This may include physical consequences, a deterioration in health, or a loss of quality of life.
3. Causation
It must be proven that if the doctor had acted differently, the damage would not have occurred. The link between the medical error and the damage must be direct or sufficiently probable to engage the doctor’s civil liability.
3. Common specific features of medical liability
1. Duty to inform
The physician must provide the patient with all information about the risks, benefits, and alternatives of a medical procedure. If the physician fails to inform the patient of all risks and medical harm results, he or she may be held liable.
2. Diagnosis and follow-up
A misdiagnosis or inadequate follow-up constitutes negligence if the physician failed to exercise the expected level of care. Physicians’ obligations include continuously evaluating and adapting treatment according to the patient’s progress.
3. Surgical errors or manifestly negligent acts
A flagrant medical error, such as surgery on the wrong site, systematically engages the physician’s liability, as a diligent physician would not have committed such an act.
4. Statute of limitations
Patients must take action within the time limits set by law to pursue medical liability claims. Complying with these time limits allows access to all available liability remedies and preserves evidence, which is essential for any complaint against a doctor. Therefore, be mindful of the statute of limitations in cases of medical malpractice.
4. Patient remedies in the event of medical malpractice involving the medical liability of the physician
A patient who is the victim of medical malpractice has several remedies available:
- Filing a complaint against a physician to the professional association: allows for disciplinary sanctions if the physician’s conduct is at fault.
- Civil action for damages: allows the patient to claim compensation for the harm suffered.
It is important to gather all the evidence: medical records, X-rays, correspondence, testimonies, and notes on the treatment. These elements can be used to prove medical malpractice, the damage, and the causal link between the doctor’s conduct and the harm suffered.
5. Role of the medical malpractice lawyer
The healthcare lawyer evaluates your case and determines whether the doctor can be held medically liable. They do this by:
- Assessing whether the doctor acted in accordance with their obligations and duties.
- Verifying that the doctor provided the patient with all necessary information and that the patient’s consent was obtained.
- Gathering and analyzing evidence, including professional secrecy, to prove civil or medical negligence.
- Prepares and initiates legal proceedings or negotiations to obtain compensation.
In the Montreal area, an experienced lawyer will maximize your chances of success and guide you through every step of the process. Prompt action facilitates access to evidence and allows for negotiated solutions to be considered before a trial.
6. Practical advice for patients
- Keep all documents: medical records, X-rays, correspondence.
- Make a note of key dates and facts (consultations, treatment, adverse effects).
- Consult a lawyer as soon as you suspect negligence, to comply with the applicable deadlines.
- Do not assume that any error automatically engages liability: the negligence, damage, and link must be clearly established.
- Be clear about your expectations and request a professional evaluation of your case.
Seek the assistance of a lawyer specializing in medical liability.
A doctor’s medical liability is based on clear rules: fault, damage, and causality. Doctors must fulfill their obligations and duties to their patients to ensure patient safety and avoid liability. If you suspect medical malpractice, it is recommended that you contact a lawyer specializing in health law in Montreal. Professional assistance ensures that your rights are protected and that the process is handled efficiently.
Frequently Asked Questions
1. What does “duty of care” mean for a doctor?
A doctor subject to a duty of care must use all reasonable, professional, and diligent resources to treat the patient. They do not guarantee a result.
2. Can I sue a doctor for simply an unsatisfactory result?
No. The mere fact that a treatment did not produce the desired result is not sufficient. It must be demonstrated that the doctor failed in their obligation of means or information.
3. Who determines whether a doctor is at fault?
The patient must prove that the doctor failed in their obligations. The judge will refer to what a prudent doctor would have done in the same circumstances.
4. What is the deadline for filing a medical malpractice claim in Quebec?
The deadline varies depending on the type of claim (contractual or non-contractual) and the circumstances. It is therefore essential to consult a lawyer as soon as possible.
5. Does consulting a lawyer guarantee compensation?
No. Consulting a lawyer does not guarantee compensation, but it significantly improves your chances of success and of obtaining appropriate compensation.
6. What is the difference between medical liability and professional liability?
Medical liability applies to actions taken within medical practice, while professional liability covers all obligations related to their practice and behavior toward patients.
7. Can a doctor be sued for a reasonable error of judgment?
No. An error of judgment that remains consistent with the standards of care and obligations of physicians does not generally engage the physician’s liability. Only gross negligence or malpractice can be punished.
8. Who can hold a physician liable?
Only the patient or, in certain cases, their beneficiaries if the patient is deceased or incapacitated. The steps taken may include a liability claim before the courts or a complaint against a physician to the professional association.
9. Does a complaint to the College of Physicians replace a civil action?
No. A complaint to the College des Médecins is only for disciplinary sanctions, while a civil action allows you to obtain compensation for the damage suffered. Both procedures can be carried out simultaneously.
10. How do I know if my situation constitutes medical malpractice?
A lawyer specializing in health law can analyze your case, verify whether the physician acted in accordance with their obligations and duties, and determine whether the criteria for medical malpractice have been met.
