Doctors and other healthcare providers at both the Collingwood General and Marine Hospital and the Collingwood After Hours Medical Clinic are legally obligated to provide exceptional care and ensure that their patients are as healthy as possible. However, some medical professionals are negligent and make mistakes that cause their patients undue harm.
If you were recently injured or had your condition worsened by a negligent healthcare provider, you may be able to obtain compensation with the professional help and guidance of a personal injury lawyer. A Collingwood medical malpractice lawyer from our team could provide valuable insight and legal experience to strengthen your claim for damages.
Bringing a medical negligence claim in the local Collingwood court requires a plaintiff to establish two important elements. First, a claimant must prove that a doctor or nurse, for example, failed to provide the same medically accepted standard of care as another reasonable healthcare professional would have in similar circumstances.
The second element of Collingwood medical malpractice cases that patients must prove is that a healthcare provider’s negligence directly caused their injuries or undue illnesses. For example, a doctor may prescribe a certain course of treatment without evaluating how it would impact a specific patient. If the patient undergoes the prescribed treatment and is injured or becomes ill as a result, their doctor could be required to reimburse any subsequent medical costs that they incur.
To establish a medical professional’s negligence, patients must present evidence such as hospital charts, invoices, and expert witness testimony. Anything that can show the patient’s actual losses and damages can be used as evidence to strengthen a Collingwood medical negligence case.
In fact, the law requires an expert who practices in the same field as the defendant to provide a professional opinion about whether they believe medical negligence occurred. If a claimant cannot present expert testimony that establishes medical malpractice as the source of their injuries, the local court will likely determine that negligence did not take place.
In Collingwood and throughout Ontario, patients only have a certain amount of time to file a medical malpractice claim. This is known as the statute of limitations. Patients have two years from the date that the medical negligence occurred, or the date they should have reasonably discovered it.
If claims are filed after this time, the court and the insurance company will likely dismiss them and bar patients from receiving any compensation whatsoever. For this reason, it is best to work with an experienced legal professional from Rastin Trial Lawyers who could help ensure that all statutory deadlines associated with filing a medical negligence lawsuit are met.
If you or a member of your family was the victim of a healthcare provider’s negligence, you should speak to a Collingwood medical malpractice lawyer today. Our lawyers could help you effectively pursue a claim for damages and obtain the compensation you need to recover from your injuries or undue illnesses. Call us today so we can start reviewing your case.