Navigating a Medical Malpractice Case
Here’s everything you need to know about navigating a medical malpractice case:
What is medical malpractice?
Health care professionals like doctors, nurses, dentists, optometrists, and chiropractors must act according to certain standards of care and ethics. Each and every health care professional has a legal duty to provide proper medical care. If a health care professional acts in a negligent or reckless manner that causes you physical injury, emotional harm, or loss, you may be entitled to compensation. If you suspect that you are a victim of medical malpractice, contact a lawyer in Ottawa to schedule a free consultation.
Health care professionals must provide a reasonable standard of care to their patients. Do they perform procedures or prescribe medication to the same standard as a competent doctor would in that situation? If they fail to reach this standard of care, it is known as negligence. If a health care professional’s negligence caused you injury or illness, you may be entitled to compensation.
It is important to note that not all mistakes qualify as negligence. If your doctor makes a thoughtful decision based on the information available, it may still result in injury or illness despite the doctor’s best efforts. This would not be negligence if your doctor acted as a reasonable doctor would in that situation.
The other main type of medical malpractice is failure to get a patient’s informed consent. Health care professionals have an obligation to explain any all procedures and treatments to you fully. They must inform you of the risks associated with any medical procedure or medication. Finally, they must inform you of your options for alternate procedures or treatment. Failure in any of these regards that results in injury or illness may be the foundation of a medical malpractice case.
Pursuing a Medical Malpractice Claim
In order to pursue a successful medical malpractice claim, you must prove a violation of duty. Hire a lawyer in Ottawa to assist you with navigating the legal system. Follow these steps:
- You must demonstrate that the defendant was responsible for providing you with care. To do so, you must have proof that you were their patient.
- Next, you must prove that the defendant violated this duty with negligent behaviour or failure to obtain your informed consent.
- You must prove that you suffered injury or harm of some sort as a result of the defendant’s actions or failure to act.
In a civil case, you need to successfully prove that your claim is true on the balance of probabilities. This means that in the eyes of the court, it is more likely to have occurred than not.
If you are a plaintiff or defendant in a medical malpractice case, a lawyer in Ottawa from Mullowney’s can help. Contact us now for professional legal advice regarding your medical malpractice situation.