Most of us absolutely dread something going wrong at the doctor’s office. This fear usually stems from there being something wrong with us internally, but sometimes a doctor can, and does, make a mistake, causing irreparable damage inside our own body when it comes to the diagnosis or treatment of an ailment. In cases like this, the legal community considers it to be medical malpractice, and the wounded party is capable of taking their doctor to court and filing a suit for damages.
1. What is Malpractice?
A medical malpractice case is far more than a simply mistake made by the health care professional or the entire facility as a whole. There are some requirements and evidence that need to be established to bring such a case to the courts, including:
A doctor-patient relationship must exist
The care you received from the doctor’s office or health care professional must have fallen below the medical standard of care to the point of “medical negligence”
Harm or damages to the patient must have stemmed from the mistake of the doctor or the health care office.
Hiring a medical malpractice lawyer Toronto may be your first step in ensuring whether you have a case or not. A lawyer is trained to look into every piece of evidence and decide whether there is an actual personal injury case on hand or not.
2. Standard of Care
The law has clearly put a medical standard of care into place for all doctors and health care professionals, ensuring the safe treatment of all patients who enter into the facility. Your lawyer will establish the medical standard of care that should have been applied to your treatment – and discover if it was not. The case will go into a lot of detail regarding whether the doctor, the defendant, provided the correct means of care for the patient at the time.
To be clear, the medical standard of care does allow for an error to occur within treatments, as it does happen on occasion throughout the country. That makes determining medical malpractice a tad bit difficult, which is why hiring a professional attorney to handle the case should be the first step for most people. The error could have been written off as a simple mistake, but if you experienced a serious injury or worsening condition due to said mistake, this is when one would consider medical malpractice as the cause for the issue. Then you will have a case that can be taken to court.
Medical malpractice can be an incredibly trick situation to deal with. Doctors, who are paid extremely well, will have their own defense attorney to handle the proceedings. There really needs to be a case there before moving forward even an inch. For those of you interested in learning more, there are more resources to be found on the Bogoroch & Associates LLP website.