The law protecting patients against doctors’ negligence is called medical malpractice law. This law requires you as the patient to prove that the doctor harmed you in one way or the other through negligence. However, in Canada, the law differs from one province to the other. The thing that is common among these provinces is that whenever a doctor fails to offer services that meet the standard of care, they should take responsibility. All said and done, you will require medical malpractice experts witness to explain to the jury, the judge and members present in a courtroom the complex medical terms. Also, a medical malpractice case requires a medical expert witness to determine whether the doctor followed the standard of care and whether the failure resulted in the injuries. The testimony offered by these individuals’ details what a competent and a normal doctor would have done in the situation. The expert is then expected to give an opinion about the issue.
Negligence as defined by Medical Malpractice Law
Like we have mentioned above, there are errors that show that the doctor didn’t follow the standard of care. While these errors may be broad in category, common errors include wrong prescription of a drug by the doctor, wrongful interpretation of results such as X-ray and lab reports, delay or failure to diagnose a condition in a patient as well as failure to warn a patient about foreseeable side effects and risks of a procedure or a drug. Other errors defined by the law that can lead to a lawsuit include a mistake during surgery and making decisions on behalf of the patient. Because of the effects of these errors, these cases receive huge settlements as compared to other personal injury cases.
Proof of negligence
Besides a witness, you will require evidence that you suffered harm from the negligence. This includes many damages such as emotional distress, suffering, and physical pain as well as medical expenses due to the negligence. Other damages may include death, where your loved ones can sue on your behalf, complete or partial impairment as well as disfigurement. These conditions require resources to treat and may even result in loss of wages or loss of potential to earn. People who have suffered as a result of a doctor’s negligence may even have medical bills to pay as a result for the rest of their lives.
Importance of an Attorney
The importance of an attorney in a medical malpractice lawsuit cannot be overemphasized. It’s impossible to represent yourself in these cases as they require litigation expertise coupled with financial resources. This might be the reason why many law firms are hesitant to accept these cases. Medical malpractice law requires every party involved to follow many procedural requirements. It’s important to note that a single misstep in a medical malpractice dispute can cost you the case.