Following an injury which was sustained while you were under the care of a medical healthcare professional, you may have a medical malpractice case on your hands. Such a case would require you to obtain evidence that your injuries were sustained as the result of negligent behavior on the part of your health care provider, other medical staff, the medical facility, or the pharmaceutical company which provided your medicine.
An experienced injury lawyer in Oakville will be able to help you figure out whether you really have a case on your hands, or were just the victim of unfortunate circumstances.
Ontario Standard of Care
Medical practitioners are still human and humans make mistakes. As a result, the law cannot expect them to be above every other member of their species. However, the law does require that all medical practitioners meet a certain standard of care when it comes to the treatment of their patients. As a result, certain errors and behaviors may make them guilty of negligence if they are deemed unreasonable in the light of the specific circumstances surrounding them.
You can prove such negligence by comparing the medical practitioner’s actions and behavior to that of another competent professionals of the same status, with similar experience, and under equal circumstances. This is what we call the standard of care, and it varies based on the unique circumstances of each case. Your lawyer will be able t help you understand the intricacies of the case as they go about fulfilling the various requirements.
Obligations of The Healthcare Provider And Patient
In medical scenarios, the doctor is obligated to provide certain services to the patient, such as explaining all treatment options, and informing the patient of important risks in regards to treatments. Other matters, such as discrimination against a patient due to their weight, skin color, or orientation can also be basis of a medical malpractice claim.
However, it isn’t just the healthcare professional who has obligations to meet, but also the patient. As the patient, you will need to be open and honest with your medical history, as well as follow the instruction given to you by our physician, i.e. fasting before surgery, or abstaining from certain drugs or alcohol in combination with your prescribed medicine.
Filing Your Medical Malpractice Lawsuit
Such lawsuits are complex matters and often require expert witnesses, medical records, and other documentations which require fees to be paid, as well as personal connections. As such, these lawsuits are often only undertaken with the guidance of a lawyer. Thus, it is best not to try and represent yourself at the trial or negotiations as you don’t have the experience or skills, but let a personal injury lawyer represent on your behalf.