When you undergo a medical procedure, there are certain standards of care that your provider is legally obligated to provide. The standards of care vary depending on the the medical procedure to be performed. If your medical provider fails to provide the legal level of standard care through negligence and you suffer a personal injury as a result, you may be eligible for compensation for your personal injury.
Critical Elements of a Medical Malpractice Claim
- Your health care or medical practitioner failed to provide the necessary standard of care related to your procedure
- You suffered a personal injury as a result of the negligence and failure to provide the required standard of care
- The failure to perform the procedure to the required standard care was the cause of your personal injury
- Your personal injury will have a serious effect on your quality of life in the future
In order to receive compensation for your medical malpractice personal injury, your personal injury lawyer must prove that your health care provider was negligent and therefore did not meet their legal obligations to provide standard medical care. It is a difficult and sometimes lengthy process to prove that you have the basis for a successful medical malpractice claim. Our personal injury lawyers must determine the standard care you should have received, demonstrate to the courts that you did not receive the standard care, and prove that through negligence you suffered a personal injury. When successful, the court then decides the amount of compensation you should receive.
It is important to note that medical malpractice litigation is complex, difficult and risky. At our office, we do not commence litigation in relation to a doctor or hospital until all of the medical records have been obtained and reviewed by an expert. In some cases, our firm will cover the cost of this review.
Experts in these situations will be considering whether the standard of care provided by the hospital and doctor falls below the accepted standard of care. They will also consider whether any negligence on behalf of the doctor or hospital caused the damages that have resulted to the client.
In general, medical malpractice litigation is not recommended unless a person has suffered a serious and permanent injury. If you believe that you have suffered a personal injury through medical negligence you may have a medical malpractice claim. Call Van Dyke Law at our Ottawa office for a free consultation.
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If you have an issue related to Medical Malpractice that you'd like to discuss at no charge with a lawyer, please contact us and we will respond promptly to discuss your options.