ANNCR: I’m with John Nicholson, a Medical Malpractice Lawyers with Cohen Highley. John – are there financial limits for damages in medical malpractice suits in Canada?
John: The cap for pain and suffering damages is roughly $400,000. The Supreme Court of Canada set the cap at $100,000 in the late 1970s and it increases with inflation. Awards that high are reserved for the most serious injuries. The court can also award damages for loss of income and future healthcare costs – which, unlike damages for pain and suffering, have no cap or limit.
ANNCR: How are the loss of income and future healthcare costs determined?
John: For loss of income – courts consider your education, past income, and how your future career path will be impacted to determine how much income you have lost and will likely lose in the future.
ANNCR: And the healthcare costs?
John: We call those “future care costs”. They’re determined by considering your future prognosis and your disabilities from the injury to gauge your needs for things like assistive devices, home modifications, and ongoing attendant care.