Who Is Liable For Medical Malpractice in Nova Scotia?

In Nova Scotia, the medical professional who has provided the negligent care that has injured you is generally the party liable for medical malpractice. Some of the health care providers that can be liable for medical malpractice include the following: 

Doctors and Physicians

Doctors must meet certain standards applicable to their specialties. The treatment they deliver must meet the standard of care expected from a reasonably competent professional in their field under the circumstances. Doctors can be held liable for medical malpractice when their actions, inactions, or directives violate the applicable professional standards of care. Misdiagnosis, surgical errors, or failing to properly follow up with patients can constitute medical malpractice by a physician.

Most doctors in Canada are insured by the Canadian Medical Protective Association, which often aggressively defends physicians from malpractice claims. 

Nurses and Other Medical Staff

Nurses, pharmacists, technicians, and other health care staff must also meet the applicable standard of care for their professions. They can be responsible for medical malpractice through their individual actions,failing to follow a doctor’s orders, not responsibly monitoring patients, misinterpreting test results, and making prescription errors are examples of malpractice that staff can be liable for. 

Hospitals and Health Care Facilities

Under the doctrine of vicarious liability, hospitals can be held responsible for the negligence of employees who are acting within the course and scope of their job duties. While most doctors are not directly employed by hospitals, nurses, technicians, and support staff may be. 

However, hospitals can also be directly liable for medical malpractice when their own conduct, procedures, or policies result in harm. For instance, if a hospital employs underqualified or undertrained staff, understaffs the facility, or staff repeatedly violate standards of care without recourse, the facility itself may be liable. 

Specialists and Consultants

Specialists are generally held to the accepted standard of care for their specialty. They must deliver the care that a reasonably competent specialist in their field would provide under the circumstances.  

For instance, surgeons, dentists, cosmetic surgeons, anesthetists, chiropractors, and naturopaths have standards that apply to their professions and specialties. If a health care provider fails to deliver care that meets the standards applying to their particular specialty and harms a patient, they may be liable for malpractice.