The Challenge Facing Someone With Medical Malpractice Claim

Injury Lawyer Personal Injury Faq's

In a typical personal injury case, the victim must prove that the defendant acted in a negligent manner and injured the claimant/plaintiff. Yet someone with a medical malpractice claim must prove something more.

What must be proven?

The plaintiff must show that the defendant’s actions caused an injury or a loss that had not existed before commission of the accidental actions. In other words, the plaintiff’s evidence should make it obvious that the defendant’s negligence altered the expected outcome for an existing situation.

How could a lawyer meet that challenge?

A personal injury lawyer in Oakville might offer details on the condition of an area in a hospital, or the nature of service provided by a given physician. Typically, a hospital or physician will assure patients of a good outcome, following administration of a given procedure. Yet if the outcome proves unsatisfactory, the patient would seem to have grounds for a medical malpractice claim.

If other patients confirmed the nature of the conditions or service that was typically offered to each patient, then that fact could support a claim that the hospital or doctor tended to overlook that condition/service, while promising a good outcome. In light of that evidence, a bad outcome would seem to be grounds for a medical malpractice claim.

When such a claim might prove groundless?

Understand that a patient’s displeasure with hospital conditions or a level of service from a physician cannot become the solitary basis for a medical malpractice claim. That claim would need to link the poor conditions or service to some type of injury. For example, if a hospital’s lax approach to the control of infectious agents in an intensive care unit aggravated a patient’s infected neck wound, that might be grounds for filing a medical malpractice complaint.

Still, it could be that the neck wound was infected when the patient came from surgery. In that case, the hospital might not be the target of the personal injury/medical malpractice claim. So, who could be held responsible?

Evidence might support an allegation that it was the surgeon’s fault. On the other hand, evidence might point a finger at someone on the surgical team, such as a nurse or an orderly.

How could evidence be obtained?

The person that has charged a hospital or physician with medical malpractice would need to locate and hire a medical doctor, one that was willing to testify in court. That testimony would count as evidence. Ideally, that testimony would confirm any comments made by witnesses, other patients, or visitors. Who can challenge 2 people that say the same thing?

It is always hard to prove a negative. Still, it is also hard to prove an instance of medical malpractice.

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