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Why You Need a Lawyer to Help Process a Medical Malpractice Claim

Medical errors contribute to approximately 38,000 to 43,000 deaths each year in Canada, according to data from the authors of the book After the Error: Speaking Out About Patient Safety to Save Lives.

Unfortunately, national and provincial medical malpractice laws make it quite challenging for a victim – or a parent whose child is a victim of malpractice – to seek compensation when a doctor’s error results in illness or injury. Victims’ family members have an equally challenging time seeking compensation in wrongful death actions stemming from medical malpractice.

These legal hurdles do not bar a patient from financial recovery. They do, however, underscore the need for hiring a lawyer to facilitate a medical malpractice action. Below are three things to keep in mind as you consider whether to hire a lawyer for your claim.

Medical Professionals Have Significant Resources Available for Defense

The Canadian Medical Protection Association protects a majority of medical professionals in the event of medical malpractice litigation. This organization has $2.7 billion in assets at its disposal, according to a chapter in the aforementioned book.

This means most doctors and specialists will have substantial legal resources available to protect their best interests in the event of a civil tort action. It is quite difficult for an individual to face off alone against a seasoned defence lawyer who has years of experience defending against malpractice claims.

There is a Strong Burden of Proof in Medical Malpractice Actions

A successful medical malpractice claim hinges on your ability to prove a physician breached the reasonable standard of care. Evidence that may be required to prove a breach of the duty of care includes:

  • Medical records
  • Hiring records
  • Witness testimony
  • More

A lawyer can handle the collection and coordination of all evidence, including securing necessary expert testimony.

You May Have Difficulty Determining Liability

A medical malpractice claim requires you to identify the party or parties responsible for your injuries or illness. This can be particularly challenging in certain medical circumstances, such as when a team of doctors or various medical professionals participated in your care.

A lawyer may understand the steps necessary to identify the liable party. This includes ensuring that all liable parties are held accountable in an action. For instance, a surgeon who performs surgery on the wrong part of the body may be liable in a claim. Additionally, the hospital that hired the doctor may share the liability if it failed to perform due diligence and hired a surgeon with insufficient training or qualifications.

Take advantage of a free case consultation with a lawyer to learn more about the benefits and potential challenges associated with initiating a medical malpractice action. Most lawyers will offer a free evaluation as a resource to help you better understand your options in the wake of a medical error or doctor’s mistake.

Speak with a lawyer at the Preszler Injury Lawyers about your case. Call us at 1-800-JUSTICE® to set up a free case evaluation.

Call us now at

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

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