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Medical Malpractice Lawsuit - Toronto Lawyers


TORONTO LAWYER HELPLINE: ☎ 855 804 7142



Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. Our Toronto medical malpractice lawyers will deal with a lawsuit on a contingency basis which means they don’t get paid unless they succeed. If you would like advice at no cost on a medical malpractice lawsuit from a Toronto lawyer just call the helpline or complete the contact form or email our Toronto offices.

Medical Malpractice Lawsuits

A medical malpractice lawsuit arises as a result of negligence by professional healthcare providers including doctors, nurses, dentists, technicians, hospitals and clinics whose behavior deviates from the standard practice of those with similar training and experience which results in harm being caused to a patient. A physician or other healthcare provider is negligent if they have fallen below the minimum standard of skill or care which their profession regards as reasonable however the prescribed standard of care may vary from one location to another.

Negligence

In order to claim a compensation in a medical malpractice lawsuit it is necessary to establish the following :-

  • Breach of the standard of care.
    To succeed in a claim it is necessary to prove that the healthcare professional made a mistake which a reasonable and prudent professional would not have made under the same circumstances. This point is usually established by testimony from an expert witness who gives evidence that in his view the doctor made a mistake that an experienced doctor should not have made. The mere fact that treatment may have failed is not on its own sufficient to prove negligence in a medical malpractice lawsuit.
  • Causation.
    It must be shown that there is a direct link between the doctor's mistake and the injury suffered. Again it is usually necessary to rely on expert testimony to prove that if the doctor had not erred then the patient would have recovered or would have been injured to a lesser degree.
  • Damages.
    It must be proved in a medical malpractice lawsuit that losses or injury resulted from the doctor's mistakes. An injured person may recover the following damages including both present and future expected losses:

      lost wages

      pain and suffering

      medical expenses

      punitive damages in extraordinary cases


TORONTO LAWYER HELPLINE: ☎ 855 804 7142