Individuals rely on healthcare professionals to help them maintain proper health and to treat them when they become sick. But while some of the best doctors in the country are in Toronto, sometimes mistakes still happen. When they do, the consequences can be devastating.
When medical malpractice occurs, the injured parties may have a valid claim to file against the healthcare professional, but proving these cases can be difficult.
It is important that when individuals are injured and they believe medical malpractice is to blame, they speak to a Toronto medical malpractice lawyer who can help. An experienced lawyer will fight for their client’s rights to compensation.
Common Types of Medical Malpractice
Technically, any time a person is treated by a healthcare professional, there is a risk of medical malpractice. However, there are some types that are more common than others.
- Misdiagnosis. When a condition is misdiagnosed, the wrong medication can be prescribed, and this can be very harmful to the patient.
- Delayed diagnosis. When healthcare professionals do not identify a condition or illness within a timely manner, the patient can suffer severe consequences. The longer one goes without proper treatment, the more an ailment can progress or worsen.
- Birth injuries. Several complications can arise during childbirth, and the healthcare professionals in the room need to be skilled enough to deal with them properly. They may incorrectly perform procedures or delay treatment, creating severe consequences for both mother and baby.
- Medication errors. The wrong medication can be prescribed, or the correct medication may never be given. Medication can also be improperly administered, or an incorrect dosage can be given.
- Surgical errors. Many things can go wrong during surgery, including errors on the surgeon’s part. Equipment may be left in a body cavity, organs or blood vessels may be punctured, or the wrong body part may be operated on.
- Anesthesia errors. Too much, too little, or using a type of anesthesia the patient is allergic to can all have negative effects.
When patients believe they have been a victim of any of these types of medical malpractice, it is important they speak to a Toronto medical malpractice lawyer as soon as possible to determine liability and prove their case.
Proving Medical Malpractice in Toronto
The most difficult component of any medical malpractice lawsuit is proving that it occurred. The only way to do this is to show that the doctor had a duty of care to the patient, and that they breached that duty of care.
To prove that the doctor had a duty of care, there must be an existing relationship between the doctor and patient. A patient who is improperly treated during a doctor’s appointment may have a valid medical malpractice case because the doctor and patient already had an existing relationship.
Likewise, a patient who visits an emergency room and suffers from long delays may also have a case, as a relationship is created as soon as the patient is registered to see a doctor.
In addition to an established relationship, injuries must have also resulted from the medical malpractice. Simply disagreeing with a doctor is not enough to warrant a medical malpractice suit, and at times doctors may need to try several treatments before finding one that works. When there are no injuries present from these treatments, there is no case for medical malpractice.
Contact a Toronto Medical Malpractice Lawyer
Most medical malpractice lawsuits are either settled outside of court or abandoned. The remainder proceed to trial, which is why no one should try to do this on their own. Because of the nature of medical malpractice suits, they can be extremely difficult to prove, and it can be a long and complex process. In addition, insurance companies may try to settle the case for less compensation than the patient would receive in court.
For these reasons, it is crucial that those injured due to medical malpractice speak to a Toronto medical malpractice lawyer right away to avoid common mistakes, like accepting early settlements.
This is an area of law that can be complicated. Lawyers need to have not only legal knowledge, but also a general understanding of medical practices and procedures. Our Toronto medical malpractice lawyers can help you prove your case by compiling evidence, and get you the full compensation you may be entitled to. Contact Preszler Law Firm today to learn more.