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Understanding medical malpractice

  • September 26, 2017
  • by Will Davidson LLP
  • medical malpractice, medical malpractice claims, medical malpractice lawyer, medical malpractice lawyers, Ontario personal injury lawyers, Personal Injury Lawyer, personal injury lawyers, Will Davidson LLP,

In the coming weeks, we’ll ask lawyers at Will Davidson LLP to discuss some of the firm’s focal practice areas, such as personal injury, slip-and-fall, and disability claims. Today, we’re discussing medical malpractice claims, a challenging variety of personal injury law that Will Davidson lawyers have been prosecuting for more than 90 years.

Q: What is a medical malpractice claim, and when can an individual initiate such a claim?

A: A medical malpractice claim is a lawsuit against a physician, hospital, and/or other health professional such as a nurse or midwife. A person would initiate such a claim where there are reasonable grounds to believe that they, or a member of their family, have suffered a significant injury as a result of a negligent act or omission on the part of a medical professional or institution.

What sets medical malpractice claims apart from generic personal injury claims?

A medical malpractice claim is similar to other personal injury claims with respect to the assessment of damages or, in other words, assessing what sorts of loses a person has suffered for which they are entitled to compensation.

However, medical malpractice differs significantly in terms of how you prove liability, meaning the legal obligation of the other side to pay money. In order to succeed in a medical malpractice claim, expert opinion evidence is required from qualified medical professionals to prove that there was a breach of the standard of care, and that that breach caused damages.

Are medical malpractice claims in Canada more difficult to successfully litigate than other personal injury claims?

Medical malpractice claims are generally considered to be difficult claims to successfully prosecute. The reason is that they often involve complicated medical issues which are often outside the scope of an ordinary lay-person.

That being said, every case is different. A medical malpractice claim that has been properly investigated and worked up, with strong supportive opinions, would likely resolve successfully.

What has been Will Davidson’s experience with medical malpractice claims?

Will Davidson LLP has had a good track record of successfully prosecuting medical malpractice claims; the majority of claims advanced by Will Davidson LLP have resolved successfully in the patient’s favour.

Contact Will Davidson LLP today

If you or a member of your family has suffered a serious injury as a result of medical malpractice or negligence, contact Will Davidson LLP today to speak with one of our experienced medical malpractice lawyers. We can help you access compensation for your injuries and get your life back on track.

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