Medical malpractice happens when a health care professional, hospital or physician causes a patient to be injured due to an omission or a negligent act. The negligence can be caused through numerous factors including an error in treatment, diagnosis, health management or aftercare. Certain characteristics must be present for the law to consider the circumstances as malpractice. Standard care is defined as recognized medical standards for treatment considered acceptable by the profession and the law. Health care professionals must demonstrate prudent treatments with their actions for all circumstances. The patient is entitled to expect and receive consistent care from health professionals that meet these standards. If the determination is made the standard of care was not sufficient, it becomes possible to establish negligence.
A claim for medical malpractice is only valid if negligence by a health care profession caused the injury. When a health care professional violates the standard of care, sufficient cause is not necessarily established. It must be proven by the patient the injury they sustained would not have happened if negligence were not a factor. Medical malpractice cannot be established due to an unfavorable outcome for the patient. It must be proven by the patient the injury was caused by negligence. If negligence is proven but there was no injury or if an injury occurred but there was no negligence, the patient does not have a case.
Even if the patient suffered significant damages due to any injury, a medical malpractice lawsuit will be both complicated and difficult. Therefore, it is critical to retain a malpractice lawyer Toronto. They have the expertise and experience to litigate the case, provide necessary medical experts and handle the hours and hours of deposition testimony required. The attorney can show the viability of the case by proving the injury resulted in significant damages as a direct result of medical negligence. When the damages are substantial, a malpractice attorney is necessary for the eventual recovery of these damages. The lawyer can pursue the claim of medical malpractice by proving disability resulted from the injury, the individual suffered from unusual pain, loss of income, hardship, suffering or major medical bills both past and future.
There are many different types of medical malpractice where negligence is grounds to file a lawsuit. This includes:
1) A misdiagnosis
2) Unnecessary surgery
3) Errors made during surgery
4) Prescribing the wrong dosage or medication
5) Poor aftercare
6) Discharging the patient prematurely
7) Disregarding the medical history of the patient
8) Not ordering proper testing
9) Not recognizing the patient’s symptoms
It is nearly impossible to pursue a claim of medical malpractice without an experienced attorney. Specific steps must be taken to establish and prove medical malpractice. This process requires both knowledge and skill. A malpractice attorney specializes in this area of the law. They understand exactly what is required to establish, file and win a medical malpractice case for their clients. They will take every possible step to ensure their clients receive fair compensation.