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Now, medical malpractice is a particularly interesting and yet overwhelming area of personal injury law. The truth is that there’s nothing more concerning for a victim than the possibility of his medical doctor, the person who’s solely responsible for his entire recovery and in certain situations – his life, to fail because of negligence. Of course, not every single mistake could be considered as negligence and there are quite a lot of things that have to be taken into account in order to be eligible for a medical malpractice claim. Let’s take a look at the standpoints of a case of the kind and walk through the process itself.
Right off the bat, you are going to need three different cumulatively present conditions in order to be even eligible for filing a medical malpractice claim.
1. Negligence. This is something which is present in every single personal injury claim and that’s basically the differentiating factor which sets apart criminal and civil law in Canada. In civil law we have a perpetrator who unintentionally or without understanding the full scale of his actions is committing something that cause injuries. So, in the event of medical malpractice, not every misdiagnosis is going to lead to a claimable merit. Only those which were brought upon negligently.
2. Damages. Interestingly enough, even if you don’t suffer any physical damages you can still file for medical malpractice. For instance, you could have been told that you suffer from a cancerous disease. As you know, a fatal diagnosis of the kind is capable of completely turning your life around. You stop taking joy out of occasion which you used to love, you lose motivation to fight and to advance your career and so on and so forth. In other words – you incur tremendous emotional turmoil without exhibiting any physical symptoms.
3. Causality. The causality is the effective link between the negligent behavior of the treating doctor and the damages themselves. For instance, the emotional damages which were described in the previous point can only be claimed if they derive directly from the misdiagnosis. This is an imperative rule which places particularly effective and convenient limits and borderlines in order to protect the overall legal security of society.
As you can see, even if you’ve been subjected to some sort of injuries in the hospital while you were getting your treatment executed, you might not be eligible to file a claim. It’s definitely best, if you contact a personal injury lawyer in order for him to take a look into your case and hope you find the best chain of action that’s going to get you compensated for your troubles.
If you need to take the claim further, it is important to ensure that the lawyer you have hired is experienced and has relevant experience in similar cases. Look online or get referrals to schedule an interview with the lawyer.