Medical malpractice lawsuits arise when patients and/or their loved ones sue healthcare providers because their negligent conduct results in serious physical injury. To successfully prove negligence, it must be shown that there was:
- A breach of the standard of care owed to the patient.
- A direct link between the breach of the standard of care and the injury (this is known as “causation”).
Standard of Care
Every medical professional owes a standard of care to their patients. Medical professionals are not expected to act perfectly. Instead, they are expected to possess a fair and reasonable level of competency and skill that inform their conduct. What is considered to be fair and reasonable will be based on how a normal, sensible medical professional with the same specialization, similar credentials (e.g., skill, education, training) and access to similar resources would act under similar conditions. Expert evidence is generally required to help determine whether a medical professional met the expected standard and if the evidence shows that the medical professional failed to act within this standard, there may be a finding of negligence.
Causation
To be successful in a medical malpractice claim, the claimant must also show that there was a direct link between their injury and the breach of standard of care. Proving causation is challenging because the claimant must prove that their injury was a direct result of the negligent conduct. In other words, it must be proven that the injury would not have occurred but for negligent conduct.
Contact Our Richmond Hill Malpractice Litigation Lawyers Today
Medical malpractice lawsuits are challenging, time consuming, and expensive. Our senior litigation partner, Ron P. Bohm is one of only a handful of lawyers in the province of Ontario to have been dually certified by the Law Society as a specialist in Civil Litigation and Health Law (medical malpractice). Under his guidance, our medical malpractice lawyers can help you navigate your medical malpractice matter. Contact Blackburn Lawyers today for a consultation if you require legal assistance. You can book a consultation by calling 905-884-9242 or filling out an online consultation request here.
Disclaimer: Please be advised that this blog is intended to act as a general overview on a legal topic and does not constitute legal advice. Each legal issue is independent and unique and in order to get qualified legal advice we recommend you consult with a Richmond Hill estates lawyer. Please note that lawyer-client relationships are only established after you have signed a retainer agreement with our firm.
Written by Meera Pahwa
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
