An injured patient must show certain things, in order to have an acceptable medical malpractice claim. If the court has found that the plaintiff has been able to show those particular things, then it should know that the doctor’s alleged failure has been harmful to the patient/plaintiff.
Essential elements of claim
The existence of a patient-doctor relationship
—The patient had sought help from the named physician.
—The same physician had agreed to provide the requested help.
The doctor had failed to demonstrate an appropriate level of skill or care, when providing a diagnosis, when conducting an operation, or when overseeing administration of a treatment.
The facts show that it is more likely than not that the doctor’s negligence caused an injury to the patient.
The patient was harmed, either physically or financially. The physical harm should be obvious. The financial harm could consist of the need for performance of surgery, or maybe a second operation. It could also be loss of wages or unanticipated loss of earning power.
Tips for any former patients that have considered pursuing a medical malpractice claim
Make sure that the considered claim has all of the essential elements. Do not try to initiate a medical malpractice claim against a doctor that you have seen only once.
Submit the claim as soon as possible. Expect to hear from any hired lawyer that there will be a need for testimony from a medical expert. Without an expert’s testimony, there can be no proof of the fact that the doctor’s actions had demonstrated a lack of the expected knowledge and skills. In addition, an expert’s statement should help to show that the doctor’s negligence caused the reported injury.
Take the time to speak with a personal injury lawyer in Barrie about any conditions that might be attached to an eventual settlement. Become familiar with the procedures used during a medical malpractice lawsuit. Learn how the doctor’s approval could expedite or delay finalization of any settlement.
Do not anticipate a quick resolution of the dispute. The expert’s testimony could call into question the allegations about the doctor’s failure to perform at the level expected. Doctors do not have to live up to a patient’s standards, but to those that have been established by the medical community.
Do not assume that the court will agree with your allegations. An expert could point to reasons why a problem had developed. Maybe you did not follow the doctor’s instructions when taking the prescribed medication. Perhaps you chose to ignore some of the restrictions that the doctor had suggested, during the week that would follow a given operation.
An expert’s testimony might showcase the questionable nature of your own actions, in response to the doctor’s advice.