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.

Now, fatality claims are particularly challenging and likely to be the most serious case that a lawyer in the field of personal injury is going to handle. However, there are some essentials that have to be taken into account. Right off the bat, it’s worth noting that car accidents are the most common cause of fatalities in Canada. There are different reasons that may cause an accident and some of them are definitely inevitable, as unfortunate as this might sound. However, drunk driving is also amongst the common causes for car accidents and it needs particular attention.

Drunk driving has absolutely nothing to do with an unintentional event. Remember how we mentioned that there are situations in which the accident is unavoidable? Well, for instance, poor road conditions could cause an accident and in certain situations the driver might not have been able to react. However, choosing to drink is a perfectly conscious decision, followed by another one of the kind – to drive in this state. Every person must know that he must not get behind the wheel if he’s had a few drinks as this is going to put the lives of others on the line.

However, there is a case in Canada involving Mr. Marco Muzzo who was drunk driving and get into a car crash which killed 4 people. He got 10 years in prison which was reduced to 9 years and 4 months because of the pre-sentencing time. Furthermore, he can demonstrate model behavior and get out in about 3 years. Now, does this punishment fit the crime? 4 people have been essentially killed and the one responsible for it gets 3 years of prison time and prohibition to drive for the next 12 years.

It’s clear that the justice system has quite a lot of purposes and not just to serve justice. It’s responsible to rehabilitate and reintegrate the offenders in order to make them productive and functional members of our society. But this doesn’t mean that the punishments shouldn’t be severe when they need to be. Making the conscious decision to put people’s lives in jeopardy is borderline sociopathic.

However, if you are a victim of such an accident, it is important to consult with an injury lawyer that understands all aspects of the DUI accidents. In any case, every single personal injury trial is strictly subjective. However, the intention of the law is to somehow provide authorities with uniform metrics in order to properly assess and measure the amount of compensation which is necessary to reimburse the suffering of a person or his family. There is no jail time as a punishment in civil law as the intention of the regulations is to repair the damages instead of punishing the perpetrator. This could only happen if there is a criminal claim incorporated in the civil one.

The truth is that Ontario is home to plenty of enthusiast motor vehicle riders and during this time of the year they are particularly active. However, this leads to a lot of complications deriving from the overly increased number of accidents involving a motorcycle. While there is nothing more pleasant for a bike rider to hit the road, the accidents which tend to happen often end in terrible orthopedic injuries and, unfortunately, in death. This is due to a wide range of different reasons. Right off the bat, the motorcycle provides zero external protection. This means that the only thing which is going to secure any type of protection for you is your gear and helmet. What is more, a direct impact with another vehicle is going to be considerably more damaging.

Governed by Insurance Act of Ontario

Even though the same Insurance Act of Ontario governs the accidents involving a motorcycle, the consequences are particularly different mainly because of the nature of the damages themselves. While a lot of car accidents also tend to result in particularly heavy and serious orthopedic injuries, it simply can’t be compared to those deriving from motorcycle accidents. Let’s take a look at some of the damages and the compensation that you might be entitled to claim.

Broken limbs – this is without a doubt one of the most common cases in the majority of motorcycle accidents. This is mainly because of the fairly fragile nature of our bone structure when stacked against the severity of the impact. You would be capable of claiming both pecuniary and non-pecuniary damages as they are likely to occur.

Damaged ligaments and tendons – tissue damage is also particularly common in motorcycle accidents. Even though your gear is going to provide you with a fair amount of protection which is going to suffice in small-scale accidents, if you are involved in a serious one it’s not going to be able to endure. With this in mind, ripped tendons and ligaments and other tissue is completely possible. Once again, you can claim both pecuniary and non-pecuniary damages.

Death – as we mentioned above, death is also quite common due to the severity of these accidents. With this in mind, the claimant in a case of the kind is going to be the relative of the deceased and he wouldn’t be able to claim pain and suffering as this would be highly unethical. In any case, claiming the entire amount of the medical bill as well as all other rehabilitation costs related with the treatment which has obviously failed are completely subjected to compensation. Furthermore, they would also be capable of claiming compensation for the loss of a loved one.

Oftentimes, the loss is irreplaceable due to disability or death and then the claim is much higher. However, irrespective of the severity of the injuries, it is important that you hire the expert services of an injury lawyer to represent your rights in the court of law.