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Whenever a member of the medical profession fails to perform in a reasonable and responsible manner, the affected patient could suffer a catastrophic or life-changing injury. For that reason, the victim of such unprofessional behavior needs to get a lawyer. Ideally, that same lawyer will understand all the complexities associated with that one specific case.
Why does the wronged patient’s lawyer have to plan a two-fisted attack against the defense?
First, the lawyer’s attention will be focused on what he or she knows best, the legal aspects of the case created by the filed claims. For example, lawyers appreciate the existence of a statute of limitations. A good attorney will work to make sure that all of the actions taken on behalf of a given client take place within the statute of limitations.
The injury lawyer in Sarnia will work on establishing a clear connection between the error committed by the doctor and the harm done to that doctor’s patient, the lawyer’s client. Legally, there can be no malpractice case, until that connection has been established.
Once the lawyer has thrown his or her legal fist against the opponent (attorney for the defendant), then it becomes time to try throwing the other fist. That is the one that centers on the medical complexities of the client’s case. In court, the attorney will have to explain those complexities to a jury.
Some of the ways that the patient has been harmed might not be apparent from pictures. In that instance, it becomes the lawyer’s job to make clear how the same patient has been harmed. For instance, it could be that an error made by the doctor will result in a developmental delay.
Of course, a medical malpractice suit does not always concern irresponsible behavior by a physician. It could reflect evidence of negligence on the part of nurses in a rehabilitation center. On the other hand, it might be something more serious, such as a mistake made in the course of an operation.
For example, it could be that the member of the surgical team charged with watching the machines and monitoring the patient’s condition did not do his or her job. Alternately, it could be that someone got a bit sloppy and allowed an incision to become infected. Those are examples of events that could be catastrophic or life-changing.
Who should be sued?
In some cases, it is the surgeon or the treating physician. It could be the doctor that made the initial diagnosis. It might also be the facility in which the patient was treated.
There is another possibility that can force the legal team to prepare for a major battle. It could be that there was a defect in one of the instruments used on the unsuspecting patient. Maybe the hospital or other facility did not know about the defect. In that case, the manufacturer would be the target of the lawsuit.