Is It Easy To Negotiate Settlement For Medical Negligence Claim?

When a person has had to gone through a serious injury, logically, the first thing that he would do is to visit a medical establishment and get the help he needs. This is the natural course of the events and one which needs to be accounted for. However, what happens when instead of getting the treatment which is supposedly going to make you feel better, you receive something completely different. The doctor fails to care enough to provide you with the necessary treatment and instead, you are left with an injury which hurts more than it did when you stepped in. (more…)

Why Is Medical Malpractice A Complex Claim To File?

There are quite a few different potential causes for a personal injury lawsuit in the Province of Ontario and medical malpractice is without a doubt amongst the most traumatic ones. Even though car accidents are usually regarded as the leading cause of deaths in the country, medical malpractice cases are particularly dangerous for a range of different reasons. What is more, there are quite a lot of various specifications which need to be taken into account when it comes to it. (more…)

Specifications About Medical Malpractice Cases

Medical malpractice cases are particularly stressful. This is mainly due to the fact that an injured person who was already in a worsened condition got even worse after attending a particular medical establishment. However, it’s important to note that there are different types of situations and not each one of them would be constituted as a medical malpractice case.

In order for a case to be constituted in this particular institute of personal injury law, the doctor or the medical employee must have acted negligently. This means that he knowingly caused damage with an action which was uncalculated. For instance, a misdiagnosis might be constituted as a medical malpractice if the staff and the consultants were convinced that the condition of the patient was symptomatic of a particular disease, yet the doctor went on and carried out a different treatment plan which deteriorated the overall health condition of the person.


However, a regular misdiagnosis because of common symptoms characteristic of two or more conditions could not be treated in the same way because there is a lack of negligence which is paramount for the case. Basically, there are three things that have to be in place if you want to claim medical malpractice – negligence, damages and link between both. It’s also impossible to sue for medical malpractice if there are no complications which have derived from the negligent behavior of the doctor. Sure, the damages could be emotional and not physical but you would have to have sustained them in any case.

Access to medical records needed

Furthermore, you have to understand that proving an actual medical malpractice is incredibly difficult to do. You have to have access to the medical records which might be altered in the process. However, it’s also true that if you manage to win a claim of this type you would get the compensation paid quite quickly. This is mainly because every practicing doctor carries an insurance which covers medical malpractice to a certain extent. The reason behind this is for the professional doctor to execute his obligations without the fear of being chased for malpractice afterwards. Of course, the premiums are considerable but it’s a way to cover a risk which is very real and no one is actually insured against it.

Furthermore, when it comes to medical malpractice cases, you are better off with a professional lawyer and that’s a fact. What is more, you might want to get him on your side from the beginning. The reason is quite simple – you would have legal representation and professional protection from as soon as it’s possible. Also, medical malpractice cases are particularly difficult to go through and are certainly very demanding in terms of knowledge of the laws. In most of the cases, it is better to hire a lawyer to represent your rights than trying to represent yourself. This will help you get a better deal in the long run.

Specifications about Medical Malpractice Cases

Unfortunately enough, medical malpractice cases are quite common. The reasons for this are various. Medical professionals undergo quite a lot of stress and sometimes it’s only a matter of time before they commit a mistake out of negligence. On the other hand, there are thousands of people admitted into hospitals every day and it’s rather normal that there are some unfortunate situations. With this in mind, there are two important things to consider when it comes to filing a claim for your medical malpractice case – the establishment of the negligence and the proper differentiation. Not every time you get worse in a hospital you can claim damages – there are certain premises that need to be present, so, let’s take a quick look.

Proving Negligence

The first thing that needs to be discussed is the negligence and what can be constituted as a negligent behavior in a medical malpractice case. The reason this is complicated is because there are no particular regulations that need to be adhered to in order for the behavior to be categorized as negligent. Instead, the standard for the duty of care that the doctor is obligated to deliver is compared to the one which is usually delivered by other doctors of the same specialization with the comparatively same credentials and expertise. That’s to say that if a doctor causes you damages by accidentally committing a mistake that another doctor wouldn’t have committed, you can have him responsible and claim recovery.

However, it’s also worth noting that there are quite a lot of different cases which wouldn’t comprise medical malpractice premises. For instance, if you are suffering from an incurable condition you are bound to get worse. Your condition is likely to deteriorate. Of course, this doesn’t mean that medical malpractice can’t happen – just the opposite. For instance, when you suffer damages as a result of mistakenly appointed treatment plan you can still claim recovery.

Key considerations

As you can see, there are quite a lot of different things which need to be taken into thorough consideration when it comes to medical malpractice cases. This is why it is highly advantageous to engage the services of a reputable attorney with a lot of experience in the subject matter. This is going to help you get the legal representation and protection that you need in order to properly handle your case. Otherwise you are going to be faced against a team of legal professionals which are going to be representing the doctor or the hospital and you are likely to find yourself in a bad spot without the necessary expertise. That’s why the services of a reputable attorney are so important and you should definitely consider it. Most of the doctors are covered by insurance companies because on many occasions they can be falsely accused and require a lawyer to represent them. Thus, before filing a case, consult with an injury lawyer and get the merits of the case judged before proceeding with a lawsuit.

Different Types Of Medical Malpractice Cases

As opposed to what the majority of people tend to believe, there are quite a few different cases of medical malpractice. There is a common misconception that medical malpractice cases are focused solely towards professionals engaged in hospitals. While they do formulate a major part of the total share, there are also other types of cases. Without any further ado, let’s jump right to it.

Hospital Malpractice

As we mentioned above, hospital malpractice cases formulate a significant part of all medical malpractice cases. This is because they occur at all hospitals across the province of Ontario. The majority of the patients are usually going to receive high-end care but there are those who suffer due to negligence on behalf of the medical experts at hospitals. There are different types of hospital malpractice like ER Malpractice, Cesarean section complications as well as surgical malpractice and many more. In any case, there is no shortage of complaints, that’s for sure.

Dental Malpractice

Orthodontists, dentists as well as endodontists are also subjected to the exact same medical malpractice regulatory provisions as all other hospital doctors. Regardless of whether they practice privately or as part of a hospital, they are required by law to exercise care above the average standard for the certain procedure which is particularly important.

Defective Products

This is a particular type of medical malpractice case. Even though it’s not directly related to negligence on behalf of the doctor, the victim does have a right to file a claim for the complications which derived from the usage of the defective products.

The worst thing about medical malpractice is that it is capable of inflicting tremendous emotional pain. The reason is quite simple – you are in a medical facility and you are expected to get better. Instead, not only you don’t, but your condition actually worsens dramatically. This is something that’s going to leave the patient with absolutely no trust in the medical service, which is definitely impactful. Negligence and misdiagnosis are the main causes for medical malpractice cases though other reasons include, blotched surgeries, apathy and carelessness of the staff.

At the same time, medical malpractice might be particularly devastating because it usually happens throughout a period during which the patient is already exhibiting deteriorating symptoms. This is one of the worst characteristics of these types of cases. However, regardless of the above, filing a claim is absolutely advisable if you are to receive the compensation that you are legally entitled to. The doctor is usually going to be covered by his malpractice insurance which means that you’d have to battle the legal team of a large insurance company. This is why you want to have proper representation and a lawyer with a lot of experience and a sturdy backbone. This is paramount to the eventual success of your case. Having an experienced lawyer in your corner is an added advantage as they ensure that the cases are drafted properly while the evidence collection and witnesses are contacted.