Many medical malpractice claims come forward in Toronto. The increased pressure in which medical professionals operate leads to higher instances of error that ultimately manifest in terms of harm caused to the public. There is a very real causal line between legislative decisions depriving hospital and medical professionals of some of the resources that they need and some of the errors that become very real to Toronto lawyers when members of the public are seeking representation.
Cases can be complex and it is easy to make mistakes in filing a claim. A skilled malpractice lawyer can help their client to best understand their claim and avoid the common mistakes that come up in medical malpractice cases in Toronto.
Our medical malpractice lawyers can meet with you in Toronto for a free initial consultation. Call (416) 364-2000
If a person has sustained an injury through no fault of their own but rather through another person’s negligence, that person is not really the one making the mistakes. If a person is picking up the phone to call a lawyer, they made a good decision. The only thing that could be described as a mistake that a member of the public makes in inquiring about representation in a medical malpractice case is making the assumption that an error or that any aspect of the care that falls short of the patient’s expectations, will automatically amount to professional malpractice.
Doctors are not perfect and the standard of care is not perfect. Professional malpractice is a threshold that is determined in relation to a standard of care that unites both the professional and technical aspects of what is expected of a reasonable doctor and a legal determination of where an error becomes actionable negligence in breach of the standard of care. A member of the public will not necessarily know where that threshold lies because, presumably, they will not be familiar with the precedents that establish how a standard of care is construed.
But by availing themselves of the public mission and function of the College of Physicians and Surgeons of Ontario’s investigative process, people can ensure that they are fully informed when they are coming to a Toronto lawyer and seeking to sue for a breach of the applicable standard of care.
Toronto Common Mistakes of Medical Malpractice Lawyer Near Me (416) 364-2000
Restricting Full Disclosure
Ultimately, all of the procedures established by law to govern a civil litigation in Toronto have an information-gathering purpose to advance the search for truth. While the parties are positioned differently in terms of interests that they are attempting to assert in relation to that truth, the court has the power to enact remedies to create a resolution that is appropriate based on it.
The process of legal proceedings in making a claim and defending it typically occur in the absence of full disclosure of the parties and the evidence that they are relying on. But subsequently, the parties must formulate their positions on the basis of a full exchange of known and privileged evidence. Unless evidence is privileged under what is called either the client’s privilege or a litigation privilege, documents prepared in anticipation of or in furtherance of litigation ultimately must be fully disclosed and there is no point in hiding anything. This mistake of restriction is common in medical malpractice cases in Toronto, and a positive attorney-client relationship can help a client feel comfortable disclosing all information to obtain the best compensation.
Contacting a Lawyer Too Late
Hiring an attorney is important because when a person is going through a difficult time, they should not be representing themselves. An individual wants someone to be going out to fight for their rights, and to be dealing with the adversariality of the legal process on their behalf so that the individual can focus on ensuring their own health and well-being.
An attorney in these situations navigates the intersection of medicine and the law, and someone proceeding without an attorney early on would need to understand how the information from a medical perspective would be treated by the courts of law in relation to the applicable legal precedents. That is something that would be situated within an attorney’s unique knowledge and deep expertise.
It is important to avoid the common mistake of not contacting a lawyer early in a medical malpractice case in Toronto. An experienced lawyer can begin working on their client’s claim right away and help them achieve the best claim to put forward for their client.