All health care professionals can be the perpetrators of medical malpractice, but not all unsuccessful surgeries or unfortunate deaths are automatically a result of medical malpractice. For a lawsuit of this kind to be successful, it has to be clear that the health care professional’s negligence or lack of care led to the injury or death.
The most frequently occurring examples of this are: medication errors (i.e. wrong doses or medication), surgical errors, failure in making a timely diagnosis (i.e. ignoring a patient’s suffering, writing symptoms off due to bias like sexism or fatphobia), birth injuries, and wrongful death. However, these are only the most common examples, and by no means a concise list of all instances.
In cases like these, it is wise to consult a personal injury lawyer in Collingwood early on, and specifically one with experience in the field of medical negligence cases, so you can ensure your lawsuit will be successful and gain you fair compensation. The basis of your lawsuit should be the proof that the medical professional was in a position in which they owed you a duty of care to begin with. This is done by presenting evidence that you were, at that time, a patient relying on the advice and care of said medical professional. That is important for your lawyer to deal with.
The next step will be to bring forth evidence that this health care professional then proceeded to fail you by not fulfilling that duty. In most cases like these, they compare the professional’s behavior to the reasonable standard that should be expected, and thus point out the errors which were made. Finally, you will then have to prove your injuries or loss were the result of this negligence, and would not have occurred if the medical professional had followed regular procedure.
Once Your Lawyer Takes Over…
Your personal injury lawyer will usually start off by gathering all relevant medical records which is completely within their, as well as your right at any and all times. This also includes information which has been marked as confidential. The medical professional and the hospital are all forbidden from withholding this information, even as they are facing a lawsuit. They will have to provide these records within a reasonable time frame.
Next, your lawyer will be looking into the medical professional’s track record to see whether they have dealt with negligence claims in the past. Since there are public records of cases like these, this should be no problem for your lawyer. They take care of all aspects of your case so that you can recover with ease.