Often, physicians give patients the quality of care they deserve, but they are humans and capable of mistakes. And in those cases, they should be held responsible for their mistakes.
If you or someone you love was injured because of a serious medical mistake—or sheer negligence—on the part of a healthcare professional, you may be able to file a medical malpractice claim.
Unfortunately, these claims are often challenging, and the laws are complex. At Preszler Injury Lawyers, we can examine your case and determine your options for potentially recovering compensation for your injuries. Call today at 1-800-JUSTICE for a free initial consultation with a medical malpractice lawyer serving Whitby.
Our medical malpractice lawyers can meet with you in Whitby for a free initial consultation. Call (416) 364-2000
Common Types of Medical Malpractice Injuries
Here is a look at the most common types of medical malpractice injuries:
- Misdiagnosis: A misdiagnosis can be extremely harmful. A misdiagnosis generally results in the prescription of the wrong medication, which can create numerous, potentially harmful side effects. It also delays proper treatment for the condition from which the patient is suffering.
- Delayed diagnosis: Anytime a patient receives a delayed diagnosis, there is the potential for permanent A condition can worsen, progress, or potentially become life-threatening.
- Birth injuries: Birth injuries are devastating, even when the physician upholds the highest standard of care. However, on occasion, mistakes are made that have life-altering consequences, such as cerebral palsy or other brain injuries that occur during birth.
- Medication errors: There are many ways in which medication errors can occur. The wrong medication could be prescribed, causing unexpected side effects and failure to treat a patient’s condition. Other possible medication errors are improper dosages or improperly administered medication.
- Anesthesia errors: When a medical professional administers too much or too little anesthesia, there can be devastating consequences. The physician can also make a mistake and overlook patient allergies, administering anesthesia that the patient is allergic to, with potentially dangerous side-effects.
- Surgical errors: Many things that can go wrong during a surgery, from the surgeon operating on the wrong body part to the puncture of an organ.
These are just a few of the potential types of injuries that can occur because of a medical error or negligence. If you are suffering because of one of these or something else, you may be entitled to compensation. For a free initial consultation to find out if you have a valid case and learn what your options are for recovering compensation, call Preszler Injury Lawyers at 1-800-JUSTICE.
Whitby Medical Malpractice Lawyer Near Me (416) 364-2000
Elements of a Medical Malpractice Case in Whitby
There are some basic factors a medical malpractice lawyer serving Whitby must first show to establish that medical malpractice has occurred:
Duty of Care
According to a study published by the Royal College of Physicians and Surgeons of Canada, doctors owe their patients a duty of care. A duty of care is a professionally-bound obligation to a patient. To prove this, there must be an existing relationship between the patient and doctor, where the physician is expected to be providing care for the patient.
Breach of Duty
Second, we must prove that the healthcare professional did not uphold their duty of care. To do this, we must use the standard of what a reasonable person would do when given the same circumstances. If the care that your physician provided does not match the behaviour of a reasonable physician and what he or she would have done in the same situation, we can show that a breach of duty did occur.
Breach of duty is typically the hardest of the four elements to prove. It is not enough to show that your healthcare provider made a mistake. We must show that he or she made a mistake that other physicians would not have made in a similar situation. To prove this, we typically consult with medical experts who can provide us with their professional opinion about the accepted standard of care in their field.
To prove causation, we must show that your injuries would not have occurred had it not been for the negligence of your physician.
To pursue a claim of medical malpractice, you must have sustained actual physical, emotional, or financial losses as a result of your injuries. Our team gathers evidence such as medical records that display any medications you were prescribed, medical bills, rehabilitation expenses, and employment records that show the amount of time you have missed work because of your injuries. We can also consult with a healthcare professional who can offer a statement about how your injury will impact your future career and quality of life.
Types of Damages You May Recover After a Medical Malpractice Lawsuit
There are numerous damages you may be able to recover as a result of a medical malpractice lawsuit. They may include:
- Medical bills: Types of recoverable medical expenses includes both current as well as future expenses, such as hospital stays, doctor’s examinations, medication, rehabilitation, and more if you are eligible.
- Lost wages: This can include past wages as well as future wages if you are unable to return to work or have lost your earning potential—if you are eligible.
- Pain and suffering: This refers to the emotional distress and pain your injuries caused
- Scarring and disfigurement: These kinds of injuries can change your appearance temporarily or permanently.
These are just a few potential types of damages. You may qualify for these as well as others.
A medical malpractice lawyer serving Whitby can take steps to investigate your case and consult with physicians who can testify to the breach of duty in your case. We can estimate the value of your injuries and, once we have built a strong case, pursue compensation from the insurance company, negotiating for a fair settlement.
These cases are complex. Let our legal team take the burden off your shoulders as you heal from your injuries. Contact Preszler Injury Lawyers today at 1-800-JUSTICE for a free, no-risk initial consultation. You might have a limited time to act under the Limitations Act.