Toronto medical malpractice lawyers gather their case information through medical records. They will be looking at everything that could be relevant, whether it is a person’s pre-existing health conditions, all of the records pertaining to the treatment and care in respect to which negligence has been alleged, or any subsequent records that are indicative of a person’s prognosis thereafter. This information-gathering process encompasses all medical evidence available.
If someone is facing medical malpractice charges they should contact an experienced malpractice attorney who can treat the information-gathering process with the focus and care necessary to understanding the facts of the case. A Toronto medical malpractice lawyer understands the importance of strong evidence when it comes to creating the best defense for your case.
Our medical malpractice lawyers can meet with you in Toronto for a free initial consultation. Call (416) 364-2000
Collecting Medical Records
Collecting evidence from Toronto medical malpractice litigation is a lengthy and ongoing process. Hospitals can take months to reply to requests for records. Building a strong defense for medical malpractice requires patience in terms of how long it takes to obtain the necessary evidence to proceed.
Ultimately, a lawyer will get medical records directly from the hospital with the patient’s consent and by providing that consent via authorizations and directions for an ongoing disclosure of the record, the injured individual can continue receiving the proper treatment and care.
Such documents are reflective of the patient’s prognosis: whether they are progressing in accordance with their prognosis or whether they are falling short of their projected maximum recovery. This can only be understood by obtaining ongoing disclosure from these third-party record providers. If the appropriate authorizations and directions are in place, a lawyer will be able obtain these updates automatically.
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The Road to Trial
The one way a medical malpractice case will go to trial is through Toronto’s civil procedure. The civil procedure in some detail, from the investigative stages of a medical malpractice claim to ultimately issuing it and going through the discovery process, setting it down for trial, and then arriving at trial.
Basically, the opportunity to present medical malpractice evidence to the court only comes at the end of a very long journey through the steps of civil procedure. That ultimately requires the plaintiff to be willing to see the case through to that point.
Presenting Records in Toronto
Toronto doctors are required to make notes of almost everything they do in their professional capacity. The medical malpractice lawyer will look at what the client’s allegations are and how these allegations are reflected in the hard evidence constituted by the medical records, that any defendant will have a very difficult time of denying.
Lawyers look for the most specifically relevant evidence to reflect the allegations that their client is advancing. In the case of operative negligence, lawyers would be looking at operative notes, specifically who did what and when, during the course of the operation. In medical malpractice cases involving a misdiagnosis and diagnostic negligence, lawyers look for whether there are hints of how the patient is presenting and what decisions the doctor made in relation to those presenting symptoms.
Ultimately, if the patient were alleging that they presented with symptoms other than what is noted, malpractice lawyers would want to know why. Every activity effected within the course of a doctor’s practice should be available for scrutiny on the basis of such records.
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The number one most important piece of evidence in a Toronto medical malpractice case is the witness. The witness, in any case, is the person who has suffered the subject harm, referred to as the plaintiff. By testifying as a witness in a medical malpractice trial, the plaintiff obtains the opportunity to present themselves and the harm they suffered in a very real and undeniable way. For this reason, the plaintiff strengthens their ability to give that kind of evidence, if they keep detailed records of their life and how it is affected from the time that they have suffered the harm or injury to the time when the resolution is within reach.
There will be a tremendous breadth expert opinion evidence in support of the liability of the doctor for the injury suffered by the plaintiff, and the damages to which the plaintiff is entitled as a result of the malpractice claim. The plaintiff may be required to undergo a significant array of assessments in order to allow the experts to prepare their reports and their testimony.