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09/Oct/2018
Navigating the Complex World of Medical Malpractice Claims

Ask any Canadian lawyer and they will tell you that medical malpractice claims are some of the most expensive and difficult to pursue.  The injuries can be extensive. Outside of what might be available through private benefits and the Ontario Health Insurance Plan (OHIP), you must begin a civil lawsuit against the medical professional who caused you harm.

Choosing the right lawyer is critical. Medical and hospital malpractice cases are difficult and complex. A lawyer with years of experience litigating medical malpractice cases is often the first step to a successful outcome.

Depending on the intricacies of the case, the lawyer may need to retain multiple experts to prove issues of liability and damages.  At Bogoroch & Associates LLP, we consult with only high-quality experts who are experienced and well-respected within their fields so that their opinions will stand up in court – and ultimately be accepted by the trier of fact.

Liability in medical malpractice claims is established by proving:

  • That the medical professional fell below the expected standard of care; and
  • That the failure to meet that standard of care causedyou damages as a result.

As a patient, it is not enough that you experienced a poor outcome.  That poor outcome must have been caused by an unreasonable failure by the health care professional.

A breach in the standard of care is established by relying on expert evidence that shows that the medical professional:

  1. a)Made an unreasonable mistake; and/or
  2. b)Failed to provide you with enough information to receive your fully-informed consent

The final piece of the liability puzzle requires establishing, through expert evidence, that the breaches in the standard of care likely caused the patient’s physical injury and/or economic loss.

This is where many cases are lost: the evidence involved is usually complex and in dispute between the experts.

Here, reliable and persuasive expert evidence is key. The expert must be able to convince the Court that your damages would not have occurred (or would have not been as severe) but for the doctor’s mistake and error.

Informed consent’ cases also have a causation piece.  Let us say you prove that you did not give informed consent to a procedure or medication.  If a reasonable person in your shoes would have consented knowing the risks, benefits and alternatives, then you will not succeed.

Damages

There is no doubt that medical malpractice cases are expensive, difficult and complex.  At Bogoroch & Associates LLP, we are committed to providing access to justice by accepting medical malpractice cases on a contingency fee basis. What this means is that we only get paid if we win or settle your case. Our fee is indicated to be a percentage of your recovery. We do not charge a fee if the case is lost.

 

 

 

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