Patients should be able to trust their healthcare providers and rely upon the care they receive in all situations. Doctors, nurses, pharmacists, and other care providers have a responsibility to provide a certain standard of care to their patients.
When a healthcare provider fails to meet that standard of care, and the patient suffers harm as a result, the provider has committed medical malpractice. Not every incident of patient injury or illness qualifies as medical malpractice, so it is important to contact a medical malpractice lawyer to learn more.
Read the information below about filing a medical malpractice claim in Kitchener. Contact a medical malpractice lawyer today to discuss your claim.
Our medical malpractice lawyers can meet with you in Kitchener for a free initial consultation. Call (416) 364-2000
Common Examples of Medical Malpractice
Once a malpractice victim demonstrates that that health practitioner owed them a duty of care, and shows the provider breached that duty and standard of care, the victim must also show how they suffered from that breach. Some common occurrences of malpractice in Kitchener include:
- Misdiagnosis or delayed diagnosis
- Improperly administered medication
- Pharmaceutical errors
- Failure to provide proper post-operative care
- Surgical errors
- Childbirth errors
- Failure to properly disclose potential treatment risks
Any of these malpractice examples can result in serious harm to the patient, which could result in longer recovery times, high medical bills, and lost wages from missing work. If someone believes their health care provider committed malpractice, it is essential to document how they have suffered as a result of that malpractice. Proving what harm they suffered will be vital in determining the amount of compensation they may be owed.
Kitchener Medical Malpractice Lawyer Near Me (416) 364-2000
Duty of Care
All providers have what is known as a “duty of care” to their patients. This duty of care requires providers to meet certain standards of care, and provide a certain quality of medical care to all patients. These standards of care help ensure that patients receive the medical assistance they need. The actual standard of care differs based on the care the patient needs.
For example, a patient with a broken arm requires different care than a patient who needs surgery. It is the provider’s responsibility to ensure that the care they offer meets professional standards based on the patient’s needs, history, illnesses, or injuries.
Proving a Malpractice Claim
To file a claim of medical malpractice, the victim must prove the following elements:
- Their healthcare provider owed them a duty of care
- The provider did not meet that obligation (known as a breach of duty)
- The breach of duty caused actual harm to the patient
Medical malpractice cases are quite complex, and often require both legal and medical expertise. Kitchener medical malpractice lawyers use their experience and knowledge to help malpractice victims seeks compensation in court.
Healthcare providers only have a duty of care to their patients. This may seem obvious, but it is an important legal factor in medical malpractice cases. In order to prove that malpractice occurred, the victim must demonstrate that doctor, nurse, or other provider owed the victim a duty of care. For example, a patient who goes into surgery has an established relationship with the surgeon and therefore, is owed a duty of care.
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Contact a Kitchener Medical Malpractice Lawyer
Kitchener medical malpractice lawyers work closely with medical experts to prove malpractice claims. They investigate the facts of the case, and work hard to win justice for their clients. If you are a victim of medical malpractice, contact a skilled medical negligence lawyer in Kitchener today.