Medical Malpractice Lawyer in Fredericton

Identifying Legal Options After a Medical Error

When you go to a doctor or other healthcare provider, you usually expect them to make you feel better and fix whatever the underlying issue is for an illness or injury. While doctors are human and they can’t always fix every problem, they do have a responsibility to provide the appropriate standard of care to all patients. If a doctor, nurse, or other healthcare provider was negligent or didn’t follow the medical standard for care and you suffered an injury as a result, you could have a medical malpractice case.

Receiving medical attention shouldn’t leave you worse off. When a medical provider fails to diagnose an illness correctly or makes a surgical error, it can set off a cascade of other treatments and procedures and significantly affect your physical and emotional health.

The medical malpractice personal injury lawyers at McKiggan Hebert Lawyers understand how physically and emotionally draining medical malpractice cases can be. We’re here to ensure you don’t have to walk this path alone. Get help understanding how medical malpractice cases work and when you can hold a medical professional accountable for negligence when you call our firm at 902-706-2298.

What Is Medical Malpractice?

Medical professionals aren’t perfect, and mistakes happen in the healthcare field. Not every one of these situations rises to the level of medical malpractice. Medical malpractice claims involve situations in which a healthcare provider was negligent or incompetent and failed to meet the accepted standard of care. Put simply, if a health care provider does something they shouldn’t have done or doesn’t do something they should have done,  then they may have failed to meet the standard of care. This negligence must also result in injury or harm to the patient. Some potential examples of medical malpractice include:

• Misdiagnosis or a delayed diagnosis that postponed proper medical treatment and caused the patient harm;
• Medication errors, such as administering the wrong medication or a harmful dose;
• Birth injuries;
• Surgical errors, such as operating on the wrong body part or leaving behind a surgical instrument; and
• Failing to obtain informed consent from a patient before a treatment or procedure.

All of these situations can potentially result in physical injury to the patient and significant emotional and psychological distress. If you believe that you were harmed due to a doctor’s negligence, contact our firm to determine your potential options and next steps.

How Do You Prove Negligence?

All personal injury lawsuits must prove four elements:

• The defendant owed the plaintiff a duty of care
• The defendant breached that duty
• The breach caused the plaintiff’s injuries
• The plaintiff suffered damages as a result

However, medical malpractice cases differ slightly in what each of these things means and what is required to prove. There is no dispute over whether the defendant owed the plaintiff a duty of care because this is automatically established as part of the doctor/patient relationship.

Proving that the defendant, healthcare professional failed to meet the accepted standard of care can be challenging because there are often multiple options for treating an illness or injury. Legal professionals may rely on expert opinions from witnesses in the field regarding the accepted standard of care and whether the defendant’s actions met that standard.

Frequently the most challenging to prove is that the defendant breach of a standard care actually caused the patient’s injury or death. Since almost every plaintiff in the medical malpractice claim was already sick to begin with (that’s why they went to see their doctor), the defendant tried to muddy the waters by arguing that the plaintiff’s pre-existing illness is what caused the injury and not the defendant’s negligence. This element also requires testimony from carefully selected medical experts. The evidence must clearly link the substandard care to the patient’s poor outcome.

Lastly, the plaintiff must have suffered compensable damages.

What Should You Do If You Suspect a Medical Error or Medical Negligence Has Occurred?

The sooner you take action after medical negligence has occurred, the better, but it can be difficult to know what to do next. These steps can help you prepare for a potential medical malpractice claim.

Understand Your Rights for Medical Malpractice Claims in New Brunswick

Before you take any legal action, the first step is to understand your rights and options under the law. Patients have the right to medical care that meets the accepted standard for that illness or injury, and they have the right to be informed of any risks for a specific treatment as well as potential alternatives. If you were harmed due to a healthcare provider’s negligence, you have the right to file a claim.

Document Everything

Documentation is key in the medical field, and this is also true when you are preparing to file a claim against someone in it. Keep notes about any conversations you have with medical providers or hospital staff about your care. It’s also a good idea to record any changes to how you feel and what impact your condition is having on your daily life.

It can also be helpful to request records related to your past medical treatment, including test results and medical notes. Keep any receipts or bills you have for any related expenses, and track how much, if any, income you lost during this time.

Contact a Fredericton Medical Malpractice Lawyer

It’s critical to contact a medical malpractice lawyer as soon as you become aware that you may have suffered harm due to a doctor’s negligence. At McKiggan Hebert Lawyers, our experienced lawyers can review your records to determine if you have a claim and outline your options for moving forward.

Call 902-706-2298 for a free consultation.