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Both of those examples help a wronged patient to understand the elements that must be present in a successful claim. First, the claimant must prove that a patient-doctor relationship had been established, before the physician made a grave mistake. Unless, the doctor charged with malpractice had only recently learned about the patient’s medical history, proving that first element should not pose a real challenge to any lawyer.
How a lawyer might deal with the second essential element
No former patient can win a claim of malpractice if he or she cannot prove that the physician had been negligent, and had caused the patient’s illness or injury. In a courtroom, the jury would need evidence that the physician had not displayed a skillful and competent handling of the needs created by the patient’s specific condition.
If that condition had to be diagnosed, then the attorney’s focus would have to be on the method used by the physician that had sought to determine that particular diagnosis. Had the physician’s approach entailed creation of a list of possible conditions, medical problems that could be causing the patient’s symptoms? Did the medical professional that had created that list then proceed to test for evidence to confirm or deny a suspicion, regarding one of the conditions on the list?
That is the accepted method that has been adopted by well-trained professionals in the field of medicine. That is the method that is taught to medical students and then practiced by interns and residents. Such practice helps those same interns and residents to identify the easy tests, which should get performed first, so that those that could be less pleasant might be avoided.
How an Injury Lawyer might deal with the third essential element
Even when Injury Lawyer in Stouffville can prove that their client’s doctor had been negligent, that proof does not automatically ensure the winning of a malpractice case. The evidence presented must also show that the doctor’s negligence caused the patient’s illness or injury. Sometimes a different health care provider has been negligent, and thus has hastened the course taken by a developing illness.
An incident of that nature could explain the effects of a faulty lab finding. The lab technician might have mixed up a group of samples, or might have used the incorrect solution, while performing a scheduled test. Even if the mistake was caught, it could force performance of a repeat test, and it might delay discovery of the diagnosis.
Alternatively, the patient might receive the wrong medication. Then the course of the treatment would differ from what had been expected. Again, the mistake might be caught, but it could have delayed the evaluation of what had been a well-considered diagnosis.