Important Facts to Be Aware of Before Filing A Lawsuit
Filing a lawsuit isn’t always an easy task in any case. And filing one for a medical malpractice case is even more challenging. In fact, you need to know that just because the doctor handling your treatment made a few mistakes which led to your injuries, it doesn’t necessarily qualify to be a medical malpractice just yet. You need to be able to prove that the doctor’s actions during your treatment did indeed directly result in the medical injuries you suffered. You have to get experienced medical malpractice lawyers Toronto to guide you through all this.
So, first ensure you have the grounds and that you are within the legal rights of the law to file your lawsuit and file your claim. But if you don’t have any sufficient evidence proving that the doctor’s negligence or ignorance explicitly led to your injuries, then you are fighting a long-lost war.
You need to ensure you consider all of these important facts before you up and start filing a medical malpractice lawsuit.
Was there any breach of duty?
The onset of all medical malpractice claims begins with the doctor handling your treatments not acting within his/her duty of care that they have to owe to their patients. A good yet painful example might be a case where your surgeon operates on you the sews you up with a surgical tool still inside your body. It can be this or even when your doctor misdiagnoses you and even treats you with a disease you don’t even have. Both have some weight to them, which all point to your doctor breaching his/her duty when handling your treatments.
Did the doctor fail to meet his/her duty of care?
If you can manage to prove that the doctor handling your treatments wasn’t at all living up to his/her duty of care when treating you which resulted in your medical injuries, then you stand a much higher chance of winning a medical injury claim. Your doctor needs to give all of his/her attention towards your treatment and avoid any destructions in the process. Sometimes, it is these destructions that may lead to these simple or deadly mistakes that can even cost the patients their lives.
Were you injured during the doctor’s breach?
The whole process of filing a medical malpractice lawsuit starts with the injuries you suffered as a result of the doctor’s breach of duty or negligence to properly handle you while treating you. Instances like those of doctors leaving surgical instruments inside the patient’s bodies or removing the wrong organs, or even misdiagnosing a disease and providing the wrong prescription can all lead to severe patient suffering and even temporary or permanent damages. These actions by doctors can sometimes even lead to the patient’s death. This is the reason why you are filing your lawsuit in the first place.
Do you have sufficient evidence?
Okay. So, you were injured and suffered a lot at the hands of your doctor who didn’t handle you properly during your treatment. Now begs the questions; do you have any evidence supporting your claim that the said doctor is the main cause of all your suffering? Without this evidence, your case will be heading nowhere even if it is quite clear that you are suffering a lot or that the injuries are visible.