Medical malpractice is a serious situation that could lead to life-long complications. It is one of the most complex and time-demanding kinds of personal injury litigation. Furthermore it is a costly process as the injuries are very serious, professional medical reputations are at stake and the scientific evidence needed for a claim is often difficult to find.
It is important that lawyers choose their cases wisely due to the complexity and cost of medical malpractice cases. Most individuals are unable to pay lawyer fees as the cases process. Frequently medical malpractice lawyers will finance the costs of litigation until trial proceedings or a settlement is reached. Lawyers could have to fund expenses associated with seeking medical records, medical experts, trial exhibits, and more.
At Monforton and Partners when we evaluate whether to take on a particular case or not, there are two factors we consider most important.
- The chance of success
- Potential damages
During the case evaluation process if we believe that the case has a chance of success and we estimate that we can achieve the MAXIMUM amount of compensation for you, we will consider taking the case depending on our current case load.
Developing a Successful Case
Typically medical malpractice is caused by human error, lack of informed consent, faulty equipment, and more. In order to develop a successful case a medical malpractice claim requires the following to be proven.
Negligence may be classified into four categories; duty, adverse outcome, negligence, and causation.
- Did the healthcare provider fail to adhere to the standards of care reasonably expected?
- Within the doctor-patient relationship did the healthcare provider owe you a duty to be careful? Did they fail to meet such duties?
- Did the healthcare professionals mistake or negligence cause an injury or harm?
Negligence is typically proved with the assistance of an expert witness who will testify as to the appropriate Standard of care that should have been exercised and compare it to the care that was provided. The judge must be convinced that the provider fell below the standard of care and caused the victim damage.
Standard of care is based on what similar health care providers in the similar circumstances would have done which is when the use of an expert witness is important. In some cases the use of more than one expert may be needed as long as these witnesses practice within the same specialty field. It is important that the expert be available to testify with their supportive opinion on trial.
Standard of care can vary on the circumstances of each case. A higher standard of care may apply if a procedure is elective compared to an emergency procedure needed. Emergency procedures are often rushed and health care personnel have little time to consult with other physicians about the situation. Furthermore, a healthcare provider in a large, urban hospital may be held to a high standard than one who works at a rural, smaller hospital.
Causation is proving that due to the health care providers negligence or failure to meet the standard of care leg to physical, mental, or economic damage. Causation may sometimes be difficult to prove as health care providers may sometimes suggest that the patient would have suffered no matter their actions or inactions. For example, they may allude that a patient whose late-stage cancer diagnosis was missed would have died even if treatment had been diagnosed earlier.
Expert witnesses may also be used to prove to the court that the malpractice led to the damages. Again, expert testimony will be needed for court and if an expert is unable to testify we may not be able to accept the case.
Lack of consent commonly involves two parts, lack of informed consent and causation.
- Did the healthcare professional fail to inform you of the risks and benefits or a procedure?
- Would a reasonable person have had the procedure if they could have known both the risk and benefits?
Consent of a medical procedure must be informed; it is only in extraordinary circumstances that such information is not related. A health care provider should be advising a patient of the risks and benefits of a procedure as well as how the procedure works. If you did not give informed consent for a procedure the physician may be held liable for their failure to do so.
Expert witnesses may also be used to testify what risks should have been disclosed to you.
In order for a case to be viable there must be significant damages tied into the case as sometimes the costs of the case can exceed the amount recovered. In the end whether or not we accept a client depends on the specific malpractice claim brought forward.
Contact our Windsor Lawyers Today
If you or a loved one has been the victim of medical malpractice, our team of Windsor personal injury lawyers can help you determine if you may be entitled to make a claim. At Greg Monforton & Partners we believe that all healthcare providers who have caused others to suffer due to their negligence should be held responsible for their actions.
Our main office is located in Windsor, Ontario and proudly serve the following areas:
- Lake Shore
and many more surrounding neighborhoods. To schedule your free case evaluation, contact us at (866) 320-4770 and get connected with one of our knowledgeable lawyers.
If you prefer to contact us online, simply fill out the FREE CASE EVALUATION form located at the top right hand corner of the page its 100% FREE to submit and completely confidential.