People who are ill or injured rely on trained and certified individuals for medical aid. But medical staff are fallible like everyone else, and mistakes can occur. Additionally, some healthcare providers and other types of medical professionals do not always practice the standard of care patients warrant.
When things go wrong, you need a lawyer to protect your rights.
And getting a good lawyer isn’t the only priority, it’s also very important that you find someone that is the right fit for your case. A medical malpractice lawyer in Hamilton can provide you with the guidelines on how to find a lawyer with a successful track record for your type of case.
Locate the Right Type of Lawyer
There are two types of medical malpractice lawyers:
- Plaintiff’s lawyers who represent individuals who have experienced a personal injury as a result of medical malpractice.
- Lawyers who represent healthcare providers and insurance companies
The former is the one you want. To start your search, asking family members and friends for recommendations can save you some time. Speak with someone you know and trust in the legal world who can recommend a medical malpractice lawyer, since they are often more aware of those with the best reputations.
If neither of these avenues are open to you, then the internet is your best friend, especially the Ontario Bar Association website or Law Society of Ontario Referral Service. As you review websites and the practice areas of different firms, be sure to call law firms to ensure they represent plaintiffs.
Professional Medical Malpractice Experience
Hospital staff are often represented by an aggressive and diligent legal team, so you want a personal injury lawyer who is experienced in a variety of malpractice cases that involve:
- Surgical Errors
- Administration Errors
- Medication Prescription Errors
- Misdiagnosis and Delayed Diagnosis
- Pregnancy or Childbirth Negligence
- Birth Injury
- Anesthesia Errors
- Absence of Informed Consent
- Refusal to Provide Care Based on Discrimination
A personal injury lawyer who has been successful in medical malpractice cases will also be adept in dealing with filing your claim and speaking with insurance companies. To gain your rightful compensation, your lawyer needs to prove various factors, such as the 4 D’s.
What are the Four D’s of Medical Negligence?
Your medical malpractice lawyer must prove that the following occurred in your situation:
- Duty of Care: Once a healthcare professional agrees to provide medical services to a patient and establishes a relationship, they owe the patient a duty of care, which is what your lawyer must prove. Volunteering to provide medical treatments falls into this category.
- Deviation from Standard Care: The duty of care requires the healthcare professional to provide the same level of skill, care, and diligence that another equally qualified professional in the field would provide according to the patient’s needs. Deviations of care would include:
- Misdiagnosis
- Misreading paperwork
- Unnecessary recommendations
- Improper prescriptions
- Poor surgical techniques
Your lawyer must prove that a deviation occurred.
- Direct Cause of Injury: Medical malpractice lawyers must prove that the deviation is a direct cause of the injuries to the victim. Proving causation can be simple, depending on the case, but for more difficult situations, the lawyer must engage in extensive investigations that include medical research and witness testimonials.
- Damages: Your lawyer must prove that the healthcare professional’s negligence caused the damages that should be compensated. Damages can include:
- Psychological, emotional, and physical therapy
- Ongoing medical treatment
- Pain and suffering
- Medical costs
- Lost wages
Medical malpractice is a complex and delicate area of the law. This is why it’s essential that you consider reputable law firms as you decide who should represent you.
Documents for Medical Malpractice Cases
You will need to prepare a variety of documentation to support your case, such as:
- Medical records related to your injury
- Mental health records
- Prescription drug records
- Medical bills
- Insurance information
- Lost wages information
- Documents from the defence
Keep in mind, lawyers can also procure the documents on your behalf or that of a loved one.
How Much Time Do I Have to Sue for Medical Malpractice in Ontario?
A medical malpractice lawsuit has a time limit of two years starting on the date of the incident. This is tricky because patients aren’t always aware of their injury or that they’ve suffered from medical negligence.
How Long Will My Case Take?
Medical malpractice cases can be settled within a few weeks, but on the other hand, it can also take years. Each case has a variety of factors, but with a team of good lawyers who provide robust, reliable legal representation, they need time to prepare a solid case.
Whether you speak to a medical malpractice lawyer in Guelph, Hamiton, or Toronto, our law firm can help you determine if you have a case.
How Do You Know if You Have a Medical Malpractice Case?
The best way to know for sure if you have a medical malpractice case is by consulting a personal injury lawyer who specializes in that area of the law. The DWA LAW firm is available to assist you with discussing and evaluating your case, investigating, fighting for your rights, and finding you or your loved one the support needed for recovery.
Most medical malpractice lawyers work on a contingency fee basis, giving clients some relief in addition to finding support resources for them. Our professional team has handled a variety of medical malpractice cases across Ontario and we are happy to provide you with the details you need in deciding to hire our firm.
Contact us today for a free consultation and medical malpractice case review.
