Need a Medical Malpractice Lawyer in Oshawa, Whitby, & Vaughan?
When you visit a doctor or are admitted to a hospital, you are vulnerable. Patients trust their doctors with their lives and rely on their care.
Doctors and other medical professionals are required by law to preserve the patient’s dignity and treat them with respect.
If you’re injured while in their care, due to negligence or malicious intent, you may need the assistance of a medical malpractice lawyer.
What is Medical Malpractice?
Medical malpractice is quite common. Statistics indicate that more than 70,000 patients experience it every year and many of these cases don’t involve any legal address. If you suffer any severe injury or illness due to the error or negligence of your doctor, it is considered medical malpractice.
Medical negligence can come in different forms and can cause a considerable amount of health problems in the long run. If you believe your medical service provider has wronged you, it is essential to consult with an experienced lawyer immediately.
Medical Malpractice Examples
Many patients struggle to understand the true meaning of medical malpractice. They often dismiss a mistake as a natural progression of the illness or injury. Patients and their family members need to be more vigilant regarding the quality of treatment they receive. Here’s a look at some of the most common examples of medical malpractice:
Refusal to Provide Care
Medical professionals aren’t allowed to refuse care based on race, gender, religion, or other such factors. They can refuse to treat patients if they believe they don’t have the ability or tools to provide treatment.
For example, a doctor may refuse to provide treatment to a patient with a broken arm, but they might recommend a specialist who would do a much better job.
You can sue the doctor if they refuse treatment due to prejudice, especially during emergencies.
In-patient care needs to be diligent and comprehensive. The hospital staff must treat patients with respect and dignity. They need to make sure the patients are clean, don’t have bed sores, and are as comfortable as they can be.
If the patient is treated poorly during a hospital stay, they can file a case against the doctors. Improper care can include everything from not bathing the patients regularly to not keeping track of their medications.
Not Obtaining Consent
Doctors can only perform medical procedures or diagnosis of the patient if they have consent. If the patient is unable to consent, they need it from the medical proxy or family member. If the doctor performs any procedure on you without your consent, you can sue them.
For example, if a doctor doesn’t gain consent from a deceased patient’s family members and doesn’t have written permission from the patient, they can’t harvest any organs from the body. Doctors need to gain consent before performing any invasive procedure.
Preventable mistakes can also be a cause for lawsuits. For example, if a surgeon leaves a medical instrument in the patient’s body, the patient has the right to sue. Such a mistake is often due to a lack of focus or distraction.
The procedure for removing the instrument causes additional distress and pain to the patient. A lawsuit will help you gain compensation for the suffering and move on with your life.
These are just some of the many examples of medical malpractice. If you experience any of these issues, call an experienced medical malpractice lawyer today.
How To Figure Out If There’s Been Medical Malpractice
Many patients hesitate to file a lawsuit because they don’t know how to do it. They’re not convinced that there is any due cause and they work against their instincts. Here are some factors to keep in mind:
- Dissatisfaction with the results of a procedure doesn’t always mean malpractice. No doctor will provide a 100% guarantee on the efficacy of a procedure. You can’t just bring malpractice cases against doctors because you were dissatisfied with the results. Malpractice suits only involve preventable issues that are caused due to negligence or malicious intent.
- If you have consented to a procedure on limited information, you can sue the medical provider. They must ensure the patient or their family members understand the procedure thoroughly and know what kind of side effects they can experience.
- Emergency procedures are exempt from malpractice regulations. For example, if a doctor performs an emergency procedure to save your life without your consent, you can’t sue them. The doctor is just doing what they’re trained to do in emergencies, and that is to react quickly.
- If you’re not satisfied with the treatment or feel like it has worsened your quality of life, it is essential to take a second opinion. The second expert will examine the medical files and consider the procedure carefully before giving their opinion.
- Keep an eye out for any signs or symptoms that don’t correspond to the information you were provided before. For example, if you are given a list of side effects but experience a side effect that isn’t mentioned on the list, it is cause for concern.
- Consider the Statue of Limitations before you attempt to file a case. There’s a window of time during which you can file a suit and the statute can vary from province to province, so it is a good idea to consult a local lawyer on the matter.
Medical Malpractice Cases That Went To Court
Most medical malpractice cases are settled outside court between the patient and the medical establishment. The compensation depends on the establishment’s insurance and the patient’s circumstances.
Few malpractice cases in healthcare reach the court, and many of them are class-action suits. Some of the most common types of cases are:
- The doctor performing unproven or unapproved procedures on a patient, leading to permanent damage
- An incorrect diagnosis that led to wrong treatments and long-term consequences
- Treatment against the patient’s wishes
- Causing permanent damage to a newborn baby
- Wrongful medication that causes severe distress to the body
These are just some of the many cases that go to court. Lawyers avoid going to court because cases take time and cost money. It is easier for everyone involved to resolve the issue and reach a settlement out of court.
However, if the medical institution or professional refuses to acknowledge their error and doesn’t agree to provide compensation, you need to hire a professional to assist you with your medical malpractice in Ontario case.
How To Research A Doctor’s Malpractice
The best way to find the medical malpractice history of a doctor is to search online. You need to type the doctor’s name and mention medical malpractice to get information. You can also contact medical authorities to get details of specific establishments.
It is also a good idea to get your medical records after the injury to ensure you have all the facts for the case. Your lawyer can help you with that.
If you’re looking for more advice on the situation, don’t hesitate to contact us at Conte Jaswal. You can call us on our toll-free number at 1.877.614.0008 as well. Our lawyer will provide excellent advice and help you get the compensation you deserve.
Contact us today for a FREE Consultation.