Ontario Medical Malpractice Lawyers - Injury Claim
Doctors usually provide a high standard of excellence for their patients however there are occasions when things do go wrong. Our Ontario medical malpractice lawyers provide professional legal representation throughout Ontario. Our personal injury lawyers deal with claims under Ontario medical malpractice law on a contingency basis which means they don’t get paid unless they succeed. If you would like telephone advice at no cost from an expert Toronto medical malpractice lawyer just call the helpline or complete the contact form or email our Toronto offices.
Negligence - Ontario Law
To succeed in a claim for compensation it is necessary for Ontario medical malpractice lawyers to show that it is more likely than not that their client has suffered injury which they would not otherwise have suffered but for negligent medical treatment which occurs when a healthcare providers standard of skill or care has fallen below the minimum that the medical profession regards as reasonable. Ontario medical malpractice lawyers can take legal action for compensation for negligence against any healthcare provider which includes not only doctors but also hospitals, clinics, dentists, nurses, medical technicians and any other body that undertakes to provide clinical services to take care of patients sufficient to establish the existence of a legal duty of care.
Proof of Damage
Even if negligence has been proved by an Ontario medical malpractice lawyer against a healthcare practitioner there are still a number of hurdles that potential claimants must surmount in order to obtain compensation for personal injury. In addition to proving negligence it is also necessary to show that the harm suffered by the patient was directly attributable to the healthcare provider’s negligent actions. This may be difficult as the patient was ill at the start of the treatment and assessing what part of the ongoing illness was due to the original problem and what part was due to negligent treatment may be a daunting task. Ontario medical malpractice lawyers usually overcome this hurdle by the use of expert evidence to show the natural progression of the underlying condition and what the outcome would have been if non-negligent treatment had been given, thereby establishing what difference the negligent treatment has made.
Prior to undertaking any treatment a health care professional must obtain the patients ‘informed consent’ which is the patients agreement to allow medical treatment to be rendered based upon full disclosure of all of the facts necessary to make an intelligent decision. It is necessary for advice to be given about what the proposed medical treatment entails, what procedures will be used, whether drugs or surgery will be utilized, what the alternatives are and the potential risks and side effects. Failure to fully inform and advise the patient can mean that, under Ontario medical malpractice law, a health care professional is liable to pay compensation in circumstances where, if full and proper consent had been given, that person may not have been liable.