Medical negligence claims are complex and before you consider pursuing one it is important to have some understanding of some of the legal and medical factors involved. This breakdown of the seven essential parts for proving medical malpractice in Ontario that is designed to provide the general public with a basic overview of this topic. Litigation of medical malpractice claims is highly complex and this article is not to be considered legal advice.
Establishing a Duty of Care
Every medical malpractice litigation process starts by proving the existence of a patient-health care practitioner relationship (patient-doctor, patient-nurse, patient-dentist, etc). This relationship forms the basis of the duty of care, meaning the healthcare provider’s responsibilities to the patient they are treating. Typically, if a doctor or other healthcare provider cared for you, they owe you a duty of care.
Evidence of a Breach of Duty
Next, you need to show that the healthcare provider breached their duty by failing to meet the “standard of care” that would be expected in the circumstances. This breach can happen in various ways, such as a misdiagnosis, a surgical error, or inadequate follow-up care. Think of it as showing that the healthcare provider did something – or failed to do something – that a qualified practitioner in the same situation would not have done. The health care practitioner is not held to a standard of perfection; they must only act reasonably to avoid being liable.
Proving Causation
For there to be causation, the harm that you suffered must be directly linked to the duty breach. It involves showing that the damage or injury you experienced directly resulted from the medical professional’s failure to act reasonably. Causation can be proved by demonstrating, for example, a doctor’s failure to properly diagnose a medical condition caused the patient to suffer an injury. Causation would not be proved if it was found that the injury was just an inevitable result of the medical condition regardless of the misdiagnosis. This may be challenging as it often requires expert testimony to demonstrate that your harm would not have occurred had the provider acted in accordance with the standard of care.
Showing Damages
You need to have suffered actual damages due to the malpractice to have a case. This could include pain and suffering, financial losses from lost wages or medical bills, emotional distress, or physical injuries.
Expert Testimony
Expert testimony is crucial in medical malpractice cases. Medical experts are required to explain the standard of care, explain how the duty was breached, and establish causation. Their insights help make complex medical issues understandable for judges and juries.
Statute of Limitations
In Ontario, the statute of limitations for filing a medical malpractice claim is generally two years from when the damage was discovered or should have been found. The timetable can vary, so it’s important to speak with an attorney as soon as possible to ensure your claim is submitted within the permitted time frame.
Final Thoughts
Proving medical malpractice involves demonstrating several key elements: duty of care, breach of duty, causation, damages, and often requiring expert testimony. Understanding these components is crucial for anyone affected by potential medical negligence. If you think you might be a victim of medical malpractice, contact Advocai LLP for a free consultation to discuss your case and explore your legal options.
This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult with a qualified attorney.