With people becoming more aware of their rights as patients, medical malpractice cases have become far more common than they have ever been before. If you yourself have dealt with severe complications following a surgery or other forms of treatment, and you believe your doctor’s negligence was the cause, you should reach out to a lawyer as soon as possible. To help you take the correct steps toward justice in your case, we have put together a guide which will explain each step and dig deeper into which scenarios qualify as medical malpractice.
Have You Been The Victim of Medical Malpractice?
Just because a mistake was made in the process of your diagnosis or even during treatment, this doesn’t automatically mean you have a medical malpractice case on your hands. All medical professionals are human and humans are not without fault. For your case to fall into the category of medical malpractice, you will first need to prove that the care provided to you obeyed the medical standards, and then that the medical practitioner’s negligence was the reason behind your injuries – injuries which need to be monetarily estimated. If your injuries cannot be quantified, you will not be able to sue for compensation.
How Medical Negligence Is Proven
Proving negligence means that an initial standard of care was not met by your healthcare provider. This standard of care can be measured on another practitioner with equal medical experience and under equal circumstances. Judging by how they would have treated their patient under the same circumstances, you can prove that your medical practitioner fell short of meeting this standard.
Together with your personal injury lawyer in Barrie, you will need to prove that your injuries resulted from negligence, not unexpected complications as the result of a complex procedure. Oftentimes, a medical professional does provide the medical standard but unforeseen complications still arise due to a surgery being highly complicated.What this means is that, to prove negligence, you will need to, together with your lawyer, gather expert witnesses – other medical practitioners, in most cases – who will prove negligence by linking the mistake made to the injuries inflicted upon you. This way, they will prove that it was the mistake which resulted in your suffering.
Here are some examples of medical malpractice:
• error in anesthesia leads to liver damage
• failure to diagnose due to bias
• failure to recognize symptoms
• birth injuries
• blotched surgeries
• misdiagnosis of diseases
• Doing a surgery when it was needed
There are various aspects of medical negligence that such lawyers cover. You need to talk with lawyer before filing a claim.