Filing a medical malpractice claim in Toronto looks much like filing any other claim. Someone looking to file a medical malpractice claim against a negligent party should immediately contact an experienced malpractice lawyer to assist in preparing your case. A Toronto medical malpractice lawyer can assist you in your case to hold the negligent party accountable for their actions or lack thereof.
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How to File
Medical malpractice investigations comprise the preparations to commence legal action. Therefore, after the investigations have concluded, the individual can proceed with the statement of a medical malpractice claim, a comprehensive document which sets out the alleged negligence, the harm suffered, and the damages thus sustained, is issued by the court. The plaintiff’s lawyers then serve it on the defendants, namely the doctors, hospital administrations, or whomever, and from there, the parties proceed to litigate in accordance with the rules of civil procedure.
Toronto Filing a Medical Malpractice Claim Lawyer Near Me (416) 364-2000
Writing the Claim
One of the more complex drafting tasks that a lawyer will have is the statement of claim: ultimately, the medical and technical aspects of the claim require a very high degree of scientific literacy in the context of the applicable law. The lawyer may have to consult with experts in relation to the applicable standard of care in order to submit what the same may be under the circumstances, and that the doctor’s conduct, under those circumstances, constitutes a breach thereof. The work that goes into filing a Toronto medical malpractice claim is substantially more significant than many other areas requiring less specialization and less advanced expert consultation to prepare the allegations comprising the claim.
Medical Malpractice in Court
The most important aspects of the medical malpractice claim, consistent with the fundamentals of the law as it relates to actionable negligence in this professional context, is that a breach of the applicable standard of care must be shown in a manner that is consistent both with professional reality and the existing precedents comprising the case law.
The medical malpractice claim must posit a breach of the standard of care and to show casually that the breach of that standard of care has, in fact, caused the injuries suffered by the plaintiff and, subsequently, that the damages claimed are proper to the injuries suffered.
The core principles of medical malpractice are the same as any other negligence claim. But the professional aspect of that negligence requires a much more specific and specialized approach in making those medical malpractice allegations. It is not just targeting the negligent driver of a car; the allegations of negligence deal with the professional error that requires a lot of underlying analysis to point to as such.
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Role of the Client
There will be much consultation with any client filing a medical malpractice claim in Toronto. In particular, the lawyer is going to be very concerned about understanding client’s condition, experience, and long-term prognosis, which is likely to require ongoing dialogue.
The client always retains the right to make all critical decisions within the lawyer-client relationship. The lawyer gives advice as to what they think should be done, but the client is the one who has to authorize a lawyer to do it. When under retainer, the lawyer is authorized with quite a free hand to prosecute the claim to the best of their professional ability to do so.
Ultimately, the involvement of the client in communicated with their counsel in a medical malpractice claim is only different as a matter of degree from other claims in that, as always, the lawyer serves at the client’s discretion.
Statute of Limitations
Generally, the statute of limitations in Toronto medical malpractice claims provides for a two-year limitation period running from when the plaintiff can reasonably discover that they have a case against the defendant. However, discoverability is extremely complex in the context of medical malpractice cases because sometimes the doctor may make an error and that error may not emerge for years. For example, an operative error may not be an issue until many years later, once the basic two-year limitation period has expired. However, if the plaintiff could not have reasonably discovered that what they had suffered was connected to that error, then limitation period does not commence running.
The limitation period is predicated on the principle of discoverability and when a reasonable person could have been anticipated to discover that their injury is attributable to the negligence of the doctor. It should be noted that absent the appointment of a litigation guardian to manage litigation commenced on behalf of a minor, the statutory limitation period does not run during the time that a claimant is a minor.
Retaining a Lawyer
Ultimately, the level of specialization involved in operating at the convergence of law and medicine requires the resources that only a professional firm experienced with filing medical malpractice claims in Toronto can offer. A person may be very educated about the scientific particulars applicable to whatever the medical treatment or care is at issue, but that person will probably not be able to do the legal research necessary to construe what the applicable standard of care is or how it may have been breached under the circumstances, with reference to the body of medical malpractice law in Toronto and the opinions of consulting experts.
There are certain circumstances in legal practice where a person may want to consult with a lawyer before proceeding on their own as a self-represented litigant. This is not one of those areas in which that is, in any way, recommended. In fact, Toronto medical malpractice lawyer would probably not act unless it was for the purpose of representing someone in such a claim.