Do You Have a Medical Malpractice Claim?
When you, or someone you care about, is injured in the course of receiving medical treatment, you may be concerned that there was some sort of negligence or medical malpractice on the part of a treatment provider that caused the injury.
When can professionals be sued for medical malpractice?
Sometimes, medical procedures do not have positive outcomes, and not every bad result was caused by malpractice.
In Canada, doctors and other medical professionals can be sued for negligence if they provided care in a manner that fell below the reasonable standard expected from a treatment provider. It isn’t enough to show a doctor made a mistake. Rather, you have to show that in similar circumstances, a reasonable doctor would not have made the same mistake.
If an injured victim can show that the care provided fell below reasonable standards, they must next prove that this failure was the cause of their injury.
Challenges in medical malpractice claims
In many cases, the victims of malpractice were being treated for existing health conditions at the time they were injured. Proving that care fell below a reasonable standard, and caused serious injury, requires detailed knowledge about medicine, the specific treatment being provided, and its potential outcomes.
As a preliminary step, your medical malpractice lawyer will review your health history to assess whether the actions of your health care providers fell below an acceptable medical standard. They may also consult with doctors or health care experts who have experience in similar cases, and obtain an opinion about whether your treatment fell below the required standard.
Ontario personal injury lawyers for medical malpractice victims
Medical malpractice cases are very complicated. Ascertaining whether an injury was caused by malpractice requires careful review of a patient’s medical records, and consultation with qualified experts. Finding a lawyer that understands medical malpractice claims and has experience bringing lawsuits against hospitals and physicians is the best first step if you suspect medical negligence.
The personal injury lawyers at Derfel Injury Law have the expertise necessary to handle medical malpractice actions. If you suspect that medical negligence was a factor in your injury, we can help you determine whether to bring a medical malpractice claim.