{"id":2893,"date":"2017-05-24T17:57:40","date_gmt":"2017-05-24T17:57:40","guid":{"rendered":"http:\/\/contelawyers.ca\/?p=2893"},"modified":"2017-05-24T17:57:40","modified_gmt":"2017-05-24T17:57:40","slug":"medical-malpractice-claim","status":"publish","type":"post","link":"https:\/\/contelawyers.ca\/medical-malpractice-claim\/","title":{"rendered":"5 Ways to Tell if You Should Make a Medical Malpractice Claim"},"content":{"rendered":"

5 Questions to Ask Yourself if You\u2019re Considering Making a Medical Malpractice Claim<\/h2>\n

Making a medical malpractice claim can be difficult<\/strong>. Especially so when you\u2019re dealing with powerful doctors who have a team of legal support at their disposal.<\/p>\n

But when doctors make mistakes that leave you seriously injured, it\u2019s time to take action.<\/p>\n

Canada\u2019s health care system is designed to care for all Canadians. We want to believe that putting our trust in the system will help us stay happy and healthy throughout our lives.<\/p>\n

Sadly, that\u2019s not always the case. Putting your health and safety in someone else\u2019s hand requires trust, and when that trust is broken, someone needs to be held accountable<\/strong>.<\/p>\n

It\u2019s important to fully understand what you\u2019re dealing with when you want to make a medical malpractice claim. That\u2019s why you should ask yourself these 5 questions to get fully prepared for your case.<\/p>\n

\"Two
Making a medical malpractice claim can be difficult.<\/figcaption><\/figure>\n

<\/h3>\n

1. Is it Medical Malpractice?<\/h3>\n

Firstly, you should understand what medical malpractice is<\/strong>. You cannot sue your doctor simply because a medication didn\u2019t work. Your situation needs to fall under a certain category to be classified as medical malpractice, and for you to be eligible to make a medical malpractice claim.<\/p>\n

There are 3 main types of medical malpractice<\/strong> that could happen:<\/p>\n

    \n
  1. Refusal to Provide Care<\/li>\n
  2. Failure to Obtain Consent<\/li>\n
  3. Medical Negligence<\/li>\n<\/ol>\n

    Refusal to provide care<\/strong> refers to doctors who will not treat you based on discriminatory factors. They have the right to refuse care if they don\u2019t have the capacity to treat your specific illness, but they don\u2019t have the right to refuse you for your gender, race, skin colour, or other factors.<\/p>\n

    Failure to obtain consent<\/strong> refers to situations where your doctor does not get full consent before going through with a treatment. This includes not providing enough information to help you make an informed decision.<\/p>\n

    Medical negligence<\/strong> covers other situations. This could be anything from a serious mistake, misdiagnosis, or sub-par care. Misdiagnosis is arguably the most common type of medical negligence.<\/p>\n

    \"A
    You cannot sue your doctor simply because a medication didn\u2019t work.<\/figcaption><\/figure>\n

     <\/p>\n

    2. Does Your Case Follow Medical Negligence Law?<\/h3>\n

    Medical negligence law<\/strong> is the Ontario legislation that governs all medical malpractice cases in the province.<\/p>\n

    Common cases<\/a> of medical negligence include:<\/p>\n