If your medical practitioner commits a serious medical mistake or behaves negligently, you have the right to hold them responsible for your injuries. These claims are often complex because it can be challenging to prove that your healthcare provider did not meet the standard of care and that they are responsible for your injuries.
A medical malpractice lawyer serving Windsor may evaluate your case and help you understand what options you have for recovering compensation. For a free initial consultation, contact Preszler Injury Lawyers today at 1-800-JUSTICE.
Our medical malpractice lawyers can meet with you in Windsor for a free initial consultation. Call (416) 364-2000
Types of Medical Malpractice Injuries That Can Occur
Here are a few of the possible medical malpractice injuries that you or someone you love may be facing:
A misdiagnosis can be devastating. It can mean that your actual condition is progressing without being properly treated or that you are being given the wrong medication that could potentially have its own series of side effects.
Like a misdiagnosis, a diagnosis that is delayed can mean your condition or disease is progressing or that you are having to suffer the side effects with no relief from medication or other treatments. A delayed diagnosis can result in irrevocable, potentially life-threatening conditions for the patient.
Medication errors can result in unexpected side effects, whether from the medication itself or from adverse side effects from drugs that are being mistakenly taken together. Improper dosages or incorrectly administered medication can also create potentially life-threatening conditions for the patient.
Anesthesia is essential during surgical procedures. Yet, when too much or too little is administered, the consequences can be devastating for the patient and their family. Anaesthesiologists can also make mistakes and administer the wrong anesthesia and thus can cause a potentially life-threatening reaction.
Even when healthcare professionals hold themselves to the highest standard of care, finding out that your child has a birth injury can be tragic for parents. However, when you find out that a birth injury could have been avoided, the discovery can be devastating.
These are just a few possible injuries that may justify a possible medical malpractice lawsuit. If you have received one of these injuries or something else that you believe could have been avoided if your physician had upheld a reasonable standard of care, contact Preszler Injury Lawyers today at 1-800-JUSTICE for a free initial consultation.
Windsor Medical Malpractice Lawyer Near Me (416) 364-2000
Establishing Negligence in a Medical Malpractice Case
In order to prove that your physician behaved negligently, we have to establish that the four elements of negligence exist:
First, we must establish that the healthcare professional had a duty to provide a reasonable standard of care for the patient. In order to do this, we must be able to prove that a client/patient relationship existed.
Breach of Duty
Next, we must establish that there has been a breach of duty and that the physician did not meet the reasonable standard of care. This may be challenging because we must determine what is considered reasonable. We may consult with our expert network and obtain statements regarding whether the care received met the standard of care or whether there was a breach of duty.
Next, we must prove causation. This means we must prove that the doctor’s breach of duty caused your injuries.
Finally, we must show that you sustained damages because of the breach of duty. Without damages, there may be no medical malpractice claim. Damages could come in the form of physical injuries, pain, and suffering, or financial losses that you have sustained as a result of the medical error or physician’s negligence. In order to prove damages, our team may gather things like medical records that show the extent of your treatments as well as medication history to show pain medication you are taking. This may help us prove the extent of your pain and suffering. We may also obtain documents from your employer to prove the amount of time you have been away from work as a result of your injuries.
Types of Damages You May Recover After a Medical Malpractice Lawsuit
Every case is different, and we cannot estimate the types of damages that you may recover without first evaluating the details of your case. Some types of damages that victims recover in these types of cases include:
- Medical costs, such as ambulance rides, hospital stays, surgical procedures, doctor’s examinations, medication, and therapies
- Lost wages from time away from work
- Future wages if your earning potential has been diminished or lost altogether
- Pain and suffering
If the injuries sustained in the accident were so severe that your loved one did not survive, you may receive specific damages such as:
- Funeral and burial costs
- Loss of consortium
- Loss of support and protection
- Loss of companionship
These are just a few possible damages that victims sometimes recover after a medical malpractice lawsuit. You may recover these types of compensation as well as others if you qualify.
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How a Medical Malpractice Lawyer Serving Windsor May Be Able to Help
Here are a few ways that a medical malpractice lawyer serving Windsor may be able to help:
- Providing you with legal support during this difficult time
- Investigating the details of your case and gathering evidence like witness statements and your medical record to build a strong claim
- Calculating the value of your case to establish what a fair settlement looks like
- Negotiating with insurance companies
- Possibly pursuing damages at trial if a fair agreement cannot be reached
While you generally have two years to take legal action in a medical malpractice case, the rules outlined in the Limitations Act can become complex depending on the facts of your case. To understand the time limits that apply and your options for recovering compensation in a medical malpractice lawsuit, contact a medical malpractice lawyer serving Windsor with Preszler Injury Lawyers today at 1-800-JUSTICE.