Representing Victims of Medical Malpractice Across Ontario

Articles Tagged

Patient Safety

Patient safety is the cross-cutting concept that links medical malpractice litigation to the broader healthcare system. Every malpractice case is, at one level, a patient safety failure. But not every patient safety failure becomes a malpractice case. Many adverse events are never reported, never investigated, never compensated, and never used to improve the system that produced them.

Ontario’s patient safety framework is fragmented. Hospitals are required to have processes for disclosing critical incidents to patients and to investigate them internally, often through quality-of-care committees whose work is protected from production in litigation by the Quality of Care Information Protection Act, 2016. The Patient Ombudsman investigates complaints about public hospitals, long-term care homes, and home and community care, although the Ombudsman cannot award compensation. The College of Physicians and Surgeons of Ontario investigates complaints about individual physicians. Each forum addresses a different facet of the same underlying problem.

Posts tagged Patient Safety analyze the intersection of these systems with medical malpractice litigation, including disclosure obligations, the scope of statutory protection for quality-of-care work, and policy issues such as wait times, hallway medicine, and the systemic conditions that make individual error more likely.

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