Medical malpractice cases have always been uphill battles, but the legal sector’s recent victories in that field have started to even out the odds for claimants, with Canadian lawyers serving as a prominent example. In the interest of keeping healthcare professionals in check and ensuring they do their jobs properly, this development is critical. However, it’s also important as current or potential plaintiffs to know the essential factors that back up a solid claim to ensure that you get awarded a fair compensation for the malpractice.
Proof That There Was A Doctor-Patient Relationship
In order for the claim to have any semblance of validity, you must first show proof of a doctor-patient relationship. This means you must present evidence that these doctors or other personnel have attended the patient. Written agreements are the most potent, but logs showing that they have rendered treatment at certain points in time will do. Furthermore, there must be evidence that the patient’s health worsened while under their care. The most important thing here is to make it clear that the individuals were directly involved in the patient’s care.
Proof Of Care Provider’s Negligence
Once you’ve established that a doctor-patient relationship indeed exists, the second most important requirement for a malpractice claim to be solid is for there to be proof that the care you were given was substandard. Simply being dissatisfied with the treatment isn’t enough grounds for a lawsuit. The keyword here is “error,” and if there isn’t one, there’s no proper basis for a malpractice claim.
The proof that needs to be provided has to point to the fact that that doctor’s negligence, regardless of competence, is what caused harm to befall the patient. This can be both willful and inadvertent, though most legal definitions of “negligence” seem to lean more towards the doctor doing it somewhat on purpose. Janet, Janet., & Suggs LLC also advises to keep in mind that many doctor’s associations are lobbying for more stringent standards of proof. They have succeeded in several places, such as the State of Georgia in the US, and other places may soon follow suit.
Proof That Negligence Directly Caused Negative Outcomes
Finally, the plaintiff must give conclusive evidence that the aforementioned negligence was the direct cause of a negative outcome, such as a worsening of the patient’s condition or death. For example, a patient dying due to disease or severe injury despite the efforts of medical staff is not grounds for a lawsuit. But if a doctor prescribes, say, a blood thinner to a maiming victim instead of a blood clotting agent, which then aggravates the victim’s blood loss, then it can be used to support a lawsuit.
There are veritable gauntlets of intricate laws and provisions surrounding medical malpractice, so it’s best to consult personal injury lawyers before making any moves towards filing a lawsuit. Whatever the case, though, these three pieces of evidence are ubiquitous regardless of the country or legal system, so it’s best to keep them in mind.