People put their trust in doctors, nurses, and other medical professionals to meet the standard of care established by other experts in their fields. Unfortunately, that trust is not always repaid in practice. Thousands of patients in Ontario suffer harmful and potentially life-threatening medical outcomes each year thanks to the reckless or careless actions of healthcare providers.
If you suffered harm because of a mistake by your physician, surgeon, or any other healthcare professional, it may be worth talking to a personal injury lawyer about your legal options. A knowledgeable Sudbury medical malpractice lawyer could determine whether you have grounds to file suit, help you collect evidence of negligent behaviour, and work on your behalf to secure fair compensation for your losses.
Proving a Breach of Medical Care Standards
Simply put, there are two central components to every successful medical negligence claim. First, you must show that the healthcare provider(s) named in your lawsuit did not meet a medically accepted “standard of care” that any patient could have reasonably expected under similar circumstances. This could involve a negligent action (i.e., a surgical error) or an inaction (i.e., a failure to correctly diagnose a condition). Second, you must show that the defendant’s failure to meet this standard directly caused your injuries and related damages.
In order to prove medical negligence in a Sudbury court, you and your lawyer must obtain testimony from at least one other comparable medical professional in the same field as the defendant(s). This expert must review all available medical documentation, identify whether and how the defendant(s) fell below the applicable standard of care, and affirm that this breach constituted medical negligence.
This last element is perhaps the most crucial, as a doctor’s simple mistake under pressure may not be enough to justify civil litigation. An elite trial lawyer must be able to demonstrate a significant lapse in judgement or failure to abide by standardized procedures to recover compensation on behalf of a medical negligence victim.
Filing Deadlines for Medical Negligence Claims in Sudbury
As with any personal injury case, provincial law sets deadlines for filing medical negligence claims. In most situations, a plaintiff must file within two years after the date they discovered or reasonably should have known about their injuries.
However, if a person dies as a direct consequence of medical negligence, their family or representative has two years to file a Family Law Act claim from the moment they passed away, regardless of when they discovered that malpractice contributed to the victim’s death. A local medical negligence lawyer could offer further clarification about the applicable deadlines for a specific case and assist with promptly filing a claim.
Consult a Sudbury Medical Malpractice Lawyer
Beyond just being a betrayal of your trust, an irresponsible error by a medical practitioner could have a catastrophic impact on your life. Unfortunately, the standard of proof for medical negligence is extremely high, so if you want to effectively pursue civil compensation for this kind of incident, you should seek help from a seasoned legal professional.
Throughout your case, a dedicated Sudbury medical malpractice lawyer could advocate on your behalf and fight for a favourable outcome. Call our office today to learn more.