Medical Malpractice Claims In Canada In Canada - How Does It Happen And How Do I Prove It?

Medical malpractice can happen in two ways:

1. If your doctor did not have your informed consent to perform a medical procedure that caused you an injury;

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2. If your doctor was negligent, and the negligence caused your injury.

Medical Malpractice Claims In Canada In Canada - How Does It Happen And How Do I Prove It?

Informed Consent to Medical Treatment:

Everyone has the legal right to decide what can be done with his or her own body. Because of this legal right, your doctor needs your permission, (the legal term is consent) before he or she can treat you.

What is Informed Consent?

You can only give proper consent if you are provided with all the information that is necessary to make a decision about the proposed medical treatment. It is not acceptable for your doctor to simply ask if he or she has your permission to perform a medical procedure. Doctor: "Can I take your kidney out?"

Patient: "Umm okay."

You must be able to understand the reasonable and foreseeable consequences of giving permission (consent), or not giving permission, for the medical procedure.

In Canada, it is generally accepted that in order to provide proper permission for medical treatment your doctor must explain to you:

o The nature of the proposed medical procedure;

o The reasonable alternatives to the proposed medical procedure; and

o The relevant risks, benefits, and uncertainties related to each alternative.

Your permission or consent may be expressed in words or implied by your actions. For example, when you are undergoing a surgical procedure your doctor will usually get you to sign a consent form as part of the consent process to confirm your permission to perform the medical procedure.

Any medical procedure that is performed without proper informed consent is considered to be an assault. The doctor who performed the medical procedure is responsible for any injury suffered by the patient as a result of the medical procedure.

Unfortunately, it is very difficult to win medical malpractice cases involving allegations of informed consent. Often the question of whether the risks were properly explained to the patient boils down to the doctor's word against the patient.

In most of the reported medical malpractice cases across Canada, judges and juries tend to favour the doctors word, unless there is clear evidence to support the patient's version of events.

Therefore, it is important to document the consent process by making notes of any discussions that you have with your doctor before you undergo a medical procedure. Particularly any discussion you have with your doctor about the risks, benefits and alternatives of the proposed medical procedure.

What is Negligence?

People are not expected to be perfect. Just because someone makes a mistake does not necessarily mean the mistake was negligence. But sometimes a mistake is so obvious it is considered to be negligent.

Doctors and nurses are expected to use reasonable care and judgment when treating patients. Doctors and nurses are expected to meet the standard of care expected of a reasonably competent doctor or nurse. If they fail to meet the standard of care, that's negligence.

What Do You Have to Prove to Win Your Case?

There are four things that you have to prove in order to win your medical malpractice case:

1. Standard of Care:

You will need expert evidence to show what standard of care is expected of a reasonably competent doctor. Doctors in the same specialty as the negligent doctor must be willing to testify that the conduct of the doctor fell below accepted standards. Doctors are not expected to be perfect. But they are expected to be reasonably competent.

2. Breach of the Standard:

You will need expert evidence to prove that the doctor did not meet the standard expected of a reasonably competent doctor.

In other words, did they do something that they should not have done, or did they fail to do something that they should have done?

Making a simple mistake or getting a bad result is not enough - you must prove that it was a significant error which directly led to your injury.

3. Causation:

Not only must you prove that the doctor breached the standard of care; you must also prove that the breach actually caused your injury.

It is possible that a doctor can be negligent (breach the standard of care), but the negligence isn't what caused the injury

For example, failing to wear surgical gloves during an operation is a breach of the standard of a competent doctor. But it is not likely to have caused you to suffer a stroke during the operation.

On the other hand, failing to wear gloves may very well cause a surgical wound to become infected, leading to serious injury or death.

4. Damages:

Finally, you have to prove what the financial consequences of the injury has been so that the court can award damages for pain and suffering, and any income loss or medical expenses as a result of your injury.

You will need experts like a physical medicine specialist to prove the extent of your injuries; a vocational expert to establish how your injuries affect your ability to work; an actuarial or economic expert to calculate your past and future income loss and future pension loss.

Medical malpractice claims in Canada are complicated, expensive and risky. If you think you or a family member has been a victim of medical malpractice it is important that you contact an experienced Canadian medical malpractice lawyer to get some advice.

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John McKiggan is a medical malpractice lawyer from Halifax, Nova Scotia and a founding partner in the law firm Arnold Pizzo McKiggan. Mr. McKiggan has been representing victims of medical malpractice for 18 years. He is the author of The Consumers Guide to Medical Malpractice Claims in Canada. Visit his website at http://www.apmlawyers.com or his blog http://www.halifaxpersonalinjurylawyerblog.com

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Medical Injury Claims Lawyer!

While undergoing medical treatment, one must ensure that the doctors are well experienced. Inexperienced doctors can indeed risk the lives of people. Hence, it is advisable to get treatment from capable doctors. If for any reason, any person becomes a victim of medical maltreatment, he or she can make a medical injury claim. Medical injury claims lawyer can help such victims get appropriate compensation.

A victim can approach such specialists for any concerns about medical treatment, medical conditions that one may have developed through work, or as a result of a personal injury in an accident. The information furnished by the claimants will be kept confidential. The specialists can guide a person and also undertake any kind of legal work. They will list out the alternatives that a claimant can make use of. No win no fee claims procedure can help get compensation without paying any fee. Irrespective of the fact whether a person wins or loses the case, one can get compensation. This type of claims procedure is very popular with victims of accidents.

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Medical negligence can arise out of many circumstances. A victim of medical negligence can get suitable compensation for any kind of following injuries:

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o Delay in responding to signs of distress in childbirth- including cerebral palsy cases
o Episitomy injuries
o Failure or delay in the diagnosis of a condition
o Failed Vascectomy leading to a pregnancy
o Birth injury including
o Dental negligence
o Failure to diagnose or incorrect diagnosis of epilepsy
o Brain injury
o Obstetric cholestatis
o Failed Sterilisation leading to a pregnancy

The solicitors can help make medical injury claims quickly. A person can also look online for instant help on making a claim. It is not difficult to get information on medical injury claims procedure. This will save a substantial amount of time and money of the borrower too. A person can benefit from the services of the solicitors who specialize in representing injured clients who wish to make a claim for compensation as a direct result of having sustained a shoulder injury either at work, in the car or in a public place. Any person who has suffered an injury in the last three years which was not his fault, he or she can make a claim.

Often neck & shoulder injuries result due to a road traffic accident or any kind of physical exertion. Such people can make neck & shoulder injury compensation. A person can recover the losses suffered in such kind of injuries. The claims case must be substantiated with adequate proof of the incident either in the form of medical reports or eyewitness.

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MRSA Compensation Claims

MRSA stands for Methicillin-resistant Staphylococcus Aureus. It is also better known and referred to as the 'superbug.' It has been around since 1961 despite popular belief. It was only in the early 90's that it spread quite dramatically and caused health problems and even death to many people in the UK. According to the UK office for National Statistics, they sadly reported 1,629 MRSA-related deaths in England and Wales during 2005.

The virus can be easily spread by merely being in contact with someone who has it, but it can also be spread through contact with towels, sheets, clothes, dressings or other objects. The MRSA virus can also survive on objects and surfaces such as door handles, sinks, floors and cleaning equipment. You can diagnose MRSA through blood and urine tests

The baceria is called Staphylococcus Aureus and apparently 1 in 3 of us carries it on the surface of our skin or in our nose. This generally causes no harm if the carrier is healthy; however if a carrier comes into contact with a vulnerable patient, i.e. someone with lowered immune system, a person with open wounds or someone who has just had surgery the they can pass the infection onto these people.

If the bacteria Staphylococcus Aureus gets into your body through a break in your skin it can cause infections such as boils, abscesses, or impetigo. If the bacteria gets inside into your bloodstream it can cause more serious infections such as the blood poisoning, septic shock, severe joint problems, bone marrow infection, internal abscesses anywhere within the body, inflammation of the tissues that surround the brain and spinal cord, lung infection or infection of the heart lining.

Trying to prevent the spread of MRSA is a tricky business. The measures to prevent the spread of organisms from one person to another are called isolation or infection control. The most important type of isolation is called contact isolation where everyone in contact of the MRSA sufferer has to wash their hands after touching the patient or anything to do with the patient. If there are a number of patients infected with MRSA then moving them to an isolation unit is the safest way to minimise the spread.

Unfortunately more and more people are going into hospital for minor illnesses or ailments only to catch MRSA and end up far sicker than previously. It is worth pursuing a compensation claim if this happens to you as you shouldn't have caught this virus and suffered in this way. You are well within your rights to make a claim for compensation even though it can be difficult to prove clinical negligence. A professional lawyer should be enlisted to help you. There is no need to worry about lawyers fees as there is the 'no win no fee' agreement that allows anyone to take on a compensation claim. The lawyer will be working for free and only in the event of the winning case will the lawyers fees be paid via the insurance of the losing party. If the case is lost there is insurance to cover fees.

Carolyn Clayton is the webmaster for accidentconsult.com, experts in claiming compensation for MRSA.

Medical Negligence Compensation Claims

When you visit a hospital you expect to dealt with by professionals and looked after accordingly. You certainly wouldn't expect to catch any nasty viruses. If you feel you have incurred a virus or injury due to the actions (or lack of actions) by a doctor/nurse/surgeon, you may well be liable to make a medical negligence/clinical negligence compensation claim. And you should make a claim as it is your civil and legal right.

Unfortunately there are occasions when doctors fail to diagnose a condition in someone like cancer for instance. Cancer going untreated has serious implications because catching cancer at the right time has an effect on the treatment. And with some cancer, catching it at the later stages cannot be treated which would result in a serious illness or a reduced life expectancy. This is serious negligence and should not go with being reported.

On the other end of the scale there are occasions when someone is diagnosed with cancer or any other condition which is not present. Misdiagnosis can cause a great deal of stress and anxiety as well as unnecessary surgery and drug treatment. Some people actually develop illnesses from the drugs they shouldn't have been taking in the first place. And then the actual real illness goes untreated and could get worse.

Because medical negligence claims can be complex and some take months to sort out it is important to find a specialist solicitor with experience dealing with medical negligence claims.

If you have been the victim of medical negligence and are planning on trying to claim compensation, your case will heavily lie on medical evidence. You or your insurance will have to pay for these documents which can be quite costly. You will need to show that the person you are making the claim against owed you 'duty of care'. The duty of care is a general legal duty on all individuals and organisations to avoid carelessly causing injury to persons. It requires everything 'reasonably practicable' to be done to protect the health and safety of others at the workplace.

Claiming for compensation is very easy these days and will cost you nothing. 'No win no fee agreements' are in place which allows anyone to pursue a case without having to find legal costs. With medical negligence there will be the costs of the medical records which could cost anything from £50 to £200. This cost might be expected to come from you but there are some insurance that will cover these costs. Either way a good personal injury specialist lawyer will be able to tell you exactly what to expect. Lawyers will not take on medical negligence cases lightly so you will know what your chances are. Any cost incurred will be recover from the loosing parties insurance company so there really is nothing to lose.

Carolyn is the webmaster of Accident Consult, specialist in Medical Negligence Compensation Claims.

Filing Medical Malpractice Claims

Filing a medical malpractice case is not a task done easily. Reputation of doctors needs to be kept in mind while going up against them. Truth will not be just enough if a case needs to be taken upon hospitals, insurance companies and doctors for their alleged malpractice. Medical malpractice as such may include any one of the following, surgical errors, hospital negligence, pharmacy errors, failure to diagnose, birth injuries, medication errors, cerebral palsy etc. Statistics have shown the rise in the number of medical errors. It is unfortunate that about quarter of a million deaths have occurred due to preventable medical errors.

We all know and must agree that medical profession is a very much essential service. To prove a case of medical malpractice one must try to hire highly educated and reputed lawyers who specialize on those issues. Florida medical malpractice lawyers are working in teams who specialize in medical negligence issues and supported by researchers and investigators. Physicians employed by the federal government can be brought to justice under the Federal Torts Claim Act. One must always bear in mind that doctors will go to any extent in order to save their reputation. So care must be taken while choosing lawyers who can do justice to a case.

Several points need to be taken note of when a client files a malpractice suit against a medical practitioner. Florida malpractice lawyers collect in-depth information about the laws governing medical malpractice. He then interviews the client to ask several questions to find out if the case is valid and the client is trustworthy person or not. As it is a serious case, the lawyer has to be careful in dealing with fraudulent clients. Unless there is any visible injury, court will not give any money. If a lawyer is shocked by hearing the case history, he can go ahead otherwise there is absolutely no use in taking the proceedings any further.

Another serious issue that Florida malpractice lawyers come over is that of hospital infections. Investigations by the Centers for disease Control has revealed that an estimate of 103,000 deaths was linked to such infections in the year 2000. It comes as a surprise that infections from hospitals form the fourth leading cause for death. Such infections may have come in the form of germ-laden instruments, unclean procedures, and not washing hands between patients by some doctors and nurses. If a client is affected by such procedures he can approach a lawyer to file a suit against the concerned doctors and hospitals.

For more information about Florida Malpractice Lawyer.

Basic Elements in Medical Negligence Claims

Medical negligence, in legal sense, is the act or failure to act in accordance with the accepted standards of the health care practice. In many occasions, these performances or omissions have been the cause of numerous accounts of personal injuries and deaths in the United States.

Due to these scenarios, the government has ratified the necessary laws to give the injured victims the right to recovery.

This article seeks to provide basic information about medical negligence and how can the injured victims pursue their legal actions with the help of credible and reliable medical negligence lawyers.

The Contending Parties

A medical negligence claim generally has two opposing parties: the plaintiff or the injured person and the defendant or the healthcare provider who allegedly failed to abide by the standards of his/her profession. In cases of wrongful deaths, the patients' survivors are given the right to file their suits of behalf of the deceased.

Although most people may assume that health care providers pertain to physicians, these professionals may also include nurses, dentists, laboratory technicians and therapists. In some occasions, the hospitals or clinics, where the malpractice happened, are also being charged for some kind of negligence.

Establishing the Elements of the Case

Normally, the plaintiffs in a medical negligence action have to establish the following elements of their cases in order to end up with favorable results and biggest recoveries:

• The healthcare provider owes a legal duty to provide care or treatment to the patient or plaintiffs

• The defendants have breached their duty of adhering to the appropriate standards of their professions

• The breach was indeed the proximate reason of the victims' injuries

• The plaintiffs have sustained have sustained injuries and damages or died due to the defendants' negligence (a claim does not exist without any damages to recover)

Possible Recoveries Available

In pursuing a claim with medical negligence lawyers, the plaintiffs may be eligible for these types of damages:

• Compensatory Damages - These may include economic (financial losses such as medical expenses, lost wages etc.) and non-economic (physical and emotional sufferings such as loss of enjoyment, severe body pain, emotional distress and loss of relationship among others)

• Punitive Damages - These are based on the statutory provisions of the existing laws that involve reckless and negligent actions

The Need for Expert Legal Assistance

Since most cases of negligent torts entail various intricate law and legal procedures, many victims of medical malpractice, who do not fully understand their rights, choose not to further pursue their case. Indeed, filing a lawsuit without the assistance of credible medical negligence lawyer is just like a warrior without a weapon.

For an instance, proving liability certainly necessitates enough evidences. Without the help coming from a lawyer, the plaintiffs may not know the vital documents to gather. The legal process may also take long period. An able legal advocate can take charge of the case while the victims spend their time with their families or attend medical treatment sessions.

Thus, it is definitely important for medical negligence victims to have someone who can help them with their claims. With expert advice and representation, the plaintiffs will have better opportunity to obtain justice.

To help you with issues related to medical negligence, you can take the services of our experienced Los Angeles medical negligence lawyers. You can log on to our website to avail of our free case analysis.

Rainier is currently among the proud members of the Mesriani Law Group that serves clients in Los Angeles, California. He was tasked to write articles and legal contents to further enhance the knowledge of the internet users regarding Personal Injury, Labor Law, Business Law and Social Security Disability.

Personal Injury - Don't Be A Victim Of Malpractice?

It is estimated that medical mistakes are the third leading cause of death in the United States. Medical errors and incompetence can cause personal injury which can incapacitate or even kill patients. The number of wrongful death and personal injury lawsuits being filed against physicians is rising every year. Now more than ever before, it's essential to know your rights when dealing with medical malpractice.

Are you a victim of malpractice? Medical malpractice is defined as a doctor's negligence or failure to perform at accepted stardard levels, and if you sustained injury or someone died as a result you very well may have a valid claim. Sometimes it is next to impossible to prove that the doctor in question did not stay within the required standard guidelines. That is why it is very important to know all the facts and be aware of the procedures involved before even thinking about proceeding with a malpractice action.

If you believe that your personal injury was due to the negligence or incompetence of a doctor or other medical professional, you have the ability to seek reparations equal to the extent of the injury sustained. A good place to start is by finding a personal injury lawyer who specializes in the type of injury that you or your loved one suffered. A search through your local yellow pages should yield many resources for your search. Or look online for personal injury resources. Since this is such an important area of specialization you will find many resources to help you decide how to proceed.

Secondly, it's important to document everything. Keep all medical records, write down all conversations with the health care provider in question, and try to obtain as much information as possible. If you mention that you are thinking of filing a lawsuit, the doctor may not legally be able to discuss the situation with you any further. Don't be dishonest about your intentions, but it won't help you to threaten the health care provider or tell them that you are going to sue them for all they are worth.

Utilizing an expert witness is strongly advised in the event that you make the decision to take your case to court. This is usually an impartial health care provider who is experienced in your type of situation, and an expert that can attest to the fact that your health care provider is at fault for your personal injury.

No one wants to think that they entrusted their life to an incompetent physician. If you do become a victim or malpractice, however, always remember that you have a legal right to compensation for any harm the doctor caused. The wise thing to do is to hire a reputable personal injury attorney who knows all the ropes and can help you file your claim against the negligent health care professional. Your personal injury attorney will also aggressively pursue your case in order to help you get the maximum monetary reward possible.

When looking for an injury attorney get as much information as possible before choosing. See Article marketing videos.