As a patient, you place your trust and confidence in health care professionals to provide you with the medical care and treatment that you require. If you or a family member have been injured as a result of your doctor’s negligence, or the negligence of other healthcare providers, you may be able to pursue a medical negligence lawsuit.
Medical negligence cases are generally complicated, risky and costly. The decision to commence a medical negligence case should not be undertaken lightly as the injured patient, the Plaintiff in the lawsuit, bears the legal burden of proof. A bad outcome from your treatment or surgery doesn’t mean that your doctor or healthcare provider was negligent.
In order to successfully pursue a medical negligence claim, you will need to be able to prove the following:
- The existence of a duty of care;
- Breach of the duty of care;
- Damages; and
Duty of Care
You must be able to prove the doctor or healthcare professional that you want to sue owes you a legal duty of care. Whenever a doctor/patient relationship exists, the doctor has an ethical and legal obligation to care for you and not to abandon you. Nurses who provide care to you in the hospital will also owe you a duty of care and will be expected to provide care that meets accepted nursing standards.
Breach of Duty of Care
You must be able to prove that the conduct of the doctor or healthcare professional fell below the standard of care reasonably expected in your treatment. An error in judgment doesn’t mean that the duty of care was breached. Examples of improper treatment, that might be negligent, include the following:
- Misinterpreting test results or not ordering appropriate diagnostic tests;
- Misdiagnosing your condition and failing to advise you of all of your treatment options;
- Recommending and performing unnecessary or dangerous treatment;
- Operating on the wrong body part;
- Prescribing improper medications or the incorrect dosage amounts;
- Failing to communicate with other attending physicians about your condition and failing to provide you with proper follow up.
It is not enough for a doctor to have made a mistake. You must also be able to prove that the doctor’s error resulted in compensable damages, such as lost wages, medical expenses or loss of enjoyment of life. If you have suffered no adverse effects from the medical negligence or are angry or hurt, you likely won’t be able to prove any damages.
Injured patients must also be able to prove that the failure of their doctor or other healthcare provider to meet the required standard of care was the direct cause of their injury and damages. Developing the evidence to prove breach of standard of care and causation in medical negligence cases requires legal skill and expertise and the supportive opinions of medical experts. The lawyers in the medical malpractice group at Bogoroch & Associates have the required experience and resources to vigorously pursue your medical negligence case and to obtain the compensation that you and your loved ones deserve.
Bogoroch & Associates LLP is experienced in all aspects of personal injury and medical malpractice litigation. We have the confidence and skill to advance your motor vehicle accident or medical malpractice claim to settlement or trial while helping you navigate the complex medical, legal, and insurance issues.
Our experience, commitment to excellence, and reputation have long been recognized. Our founding partner, Richard M. Bogoroch, has been recognized as a leading personal injury lawyer by The Canadian Legal Lexpert Directory and by The Best Lawyers in Canada. The Canadian Legal Lexpert Directory and The Best Lawyers in Canada are two highly regarded lawyer rating publications.
If you or your loved one has been injured in an accident or believes that you are a victim of malpractice or negligence, reach out to a personal injury or medical malpractice lawyer to understand if you too have a claim. Please contact any of our personal injury lawyers at Bogoroch & Associates LLP for a free consultation.