Medical malpractice suits are often difficult to take on
because most physicians and hospitals are protected under their medical
liability insurance. In addition, the Supreme Court of Canada has placed limits
on the amount of damages that can be claimed. That said, many people still
choose to file suits against medical professions and institutions. When this
happens, it’s best to have a medical negligence lawyer help represent
you.
There are very strict guidelines, set by the courts,
outlining what requirements your case must meet to be considered
medical malpractice. Medical negligence lawyers are experts in this area of law
and understand how to navigate the intricacies involved. Working alongside them
ensures your case will not only be accepted by the courts but also provides you
access to extensive knowledge and support throughout the process.
If you are considering filing a medical malpractice lawsuit,
hiring a medical negligence lawyer is the right choice. The more prepared you
are, the better chances you have of receiving compensation for damages.
What is the role of a medical negligence lawyer?
A medical negligence lawyer advocates on behalf of their
clients, conducting each step involved in filing a lawsuit. For this type of
law, the clients may range from current patients, post-treatment patients, and
even surviving family members of patients who have passed away. The suits these
individuals are filing center on medical practitioners (and sometimes the
institutions they work for) and medical malpractice.
Medical malpractice is a somewhat broad term, encompassing
any form of professional misconduct conducted by the medical professional, the
institution, or, in some cases, both. Typically, the professionals involved in
these suits include doctors, nurses, dentists, therapists, technicians, and
other medical professionals and healthcare providers. The claim aiming to be
proven is negligence committed by one or more of the individuals involved in a
patient’s treatment.
A medical negligence lawyer may take on cases involving
surgical errors, birth trauma, medical misdiagnosis, anesthesia errors,
unreasonable delays in treating a diagnosed condition, and failure to obtain
informed consent from a patient before treating them, along with other
relevant scenarios. Medical negligence lawyers help their clients determine the
validity of a case—in the eyes of the law—and then take the necessary action to
obtain accountability.
What is required of a medical negligence lawyer?
Given the nature of healthcare, medical malpractice is sometimes a complex situation. Several situations can result in a medical malpractice claim being filed, including a medical professional being negligent in a patient’s treatment or failing to act on behalf of a patient. Some specific examples involve:
1. Errors in diagnosis or a failure to properly diagnose a
condition
2. Failure to order appropriate tests
3. Prescribing the wrong medication or dosage
4. Failure to prescribe medication
5. Failure to take and give proper regard to a patient’s
medical history
6. Surgical errors, including wrong-site surgery
7. Prematurely discharging a patient from treatment and care
8. Improperly interpreting diagnostic tests and laboratory
results
Generally, negligent care is defined as when a medical professional fails to provide care otherwise deemed reasonable by another healthcare provider treating a patient with the same (or similar) diagnosis. This can include mistakes, omissions, or misdiagnoses, although each situation is different depending on the specific circumstances surrounding the treatment.
The job of a medical negligence lawyer is to demonstrate the medical
professional was negligent and that their actions directly resulted in
a client’s harm, injury, or otherwise. The majority of medical negligence or
malpractice suits are resolved before going to court.
A medical negligence lawyer will negotiate on your behalf,
often in private, to determine the appropriate settlement for your case. If it does end up in a courtroom, they will then act as your
representative and present the case to a judge.
Typically, the process for filing a medical negligence suit
is as follows:
Filing a statement claim with the court: This outlines the
injuries incurred by the patient, known as the “plaintiff” and the medical
professional in question, or “defendant”.
The defendant files a statement of defence with the court:
This is a written statement in response to the above claim.
The discovery process begins: This is where a mediation
session may be called between the plaintiff and defendant to agree the courtroom.
If an agreement is not made during or shortly after the
discovery period, then the claim may go to trial
The three key factors a medical negligence lawyer must prove
during this process for your claim to be successful are as follows:
The defendant failed to meet the legal and professional
standard of care. Would the patient have received the same level of care from a
different physician?
Negligence directly caused the damages sustained by the
patient. If the injury or harm experienced would be the same, with or without
negligence, then you may not have an acceptable claim.
The patient suffered both economic and non-economic damages
and losses. Economic expenses could include but are not limited to, medical
costs and lost wages, whereas non-economic damages involve unnecessary personal
pain and/or suffering.
To support the proof of negligence, a medical negligence lawyer may also be required to provide testimonies from one or more expert witnesses. When this happens, the lawyer will ask a medical expert to testify on your behalf. The expert can speak to the standard of care expected in a given medical situation, and compare that to the negligent care provided in your case.
Once the proceedings have concluded, and both parties had
the opportunity to defend their side of the claim, a judge—or, in some cases, a
jury—will submit a verdict. If the defendant is ordered to pay
compensation to a victim of malpractice, they then have the option to appeal
the decision. When this happens, the court proceedings continue as the
defendant attempts to overturn the verdict. A medical negligence lawyer would
then represent your claim and the decision that was made by the court again, to obtain compensation.
What compensation is offered in a medical malpractice case?
The overall compensation value in a medical negligence case
is heavily dependent on the extent of injuries and damages incurred by the
patient. The specific factors that are taken most into account when determining
the worth of your claim involve:
The nature of the negligent act performed by a medical professional.
The extent of any additional medical treatment required as a
direct result of the negligent act.
The likelihood that long-term or permanent effects will be
experienced by the patient due to the negligent act.
The availability of medical malpractice liability insurance
coverage for the patient.
The types of compensation you may receive if the case is
successful include:
Interim payments: Compensation that occurs before court,
when the defendant has admitted they are liable for your damages.
Full settlement: A final term of settlement is reached
between the plaintiff and defendant.
Provisional damages: An agreement for the defendant to
provide compensation in the event the patient experiences further risk as a
direct result of the negligent act.
Financial compensation is typically paid in either a lump
sum amount, pre-determined by both parties, or in the form of payments over an
agreed-upon period. This can either be determined during pre-trial
negotiations or assigned by the court after both sides have made their case.
What types of cases do they handle?
Medical negligence lawyers take on a wide range of cases
involving possible malpractice conducted by medical professionals. The types of
cases they may cover are:
Diagnosis errors: When a medical professional fails to diagnose the correct illness or provides a delayed diagnosis, preventing the patient from receiving the necessary treatment.
Surgical errors: This includes mistakes made during surgery,
such as an incorrect operation performed, accidentally leaving medical
instruments or sponges inside a patient, improper anesthetics provided, etc.
Medication errors: Errors with medication can involve any
mistake made with the initial prescription, inappropriate administration of a
drug, providing the wrong dosage, or not taking notice of any potentially
destructive drug interaction.
Birth injuries: Any injury or complication that occurs during childbirth in which the process performed by any medical professional fails to meet the professional standard of care.
Other client cases where the level of care provided does not
follow the expected standard could also be tried by a medical negligence
lawyer.
Why hire a medical negligence lawyer?
A medical negligence lawyer can help navigate the complex
legal system surrounding healthcare standards and medical professional
requirements. If you feel that you or a loved one has suffered negligence at
the hands of a medical practitioner or institution, then working with a medical
negligence lawyer could be the best option for building an effective case.
