Medical Malpractice Lawyer in Moncton

Identifying Situations Involving Medical Negligence and Error

MModern medicine can do wonderful things. Healthcare providers can now prevent, detect, and treat illnesses that would have previously been fatal, and the capacity for treating trauma-related injuries continues to improve and expand.

However, the practice of medicine is extremely complex and often relies on interpreting symptoms and test results, as well as on physicians’ and other professionals’ judgment calls. When there are questions about whether the care that was provided was appropriate for the situation or whether it contributed to a patient’s further harm, talking with a medical malpractice lawyer can be helpful.

At McKiggan Hebert Lawyers, our medical malpractice personal injury lawyers understand how difficult it can be to make sense of a situation where a doctor’s negligence harmed you or someone you love. Our team is here to offer legal support and guidance as you consider your options. Call our firm at 902-706-2298 to learn more.

How Do Medical Malpractice Cases Work?

In a medical malpractice case, the objective is to determine whether the doctor or other healthcare professional met the accepted medical standard of care when treating a patient or whether a medical professional’s negligence contributed to the patient’s harm.

These cases fall under personal injury law, which means the key elements are proving that the doctor breached the duty of care with the patient and that, in doing so, the doctor caused the patient harm that otherwise would not have occurred.

Medical malpractice cases can be challenging because the practice of medicine involves inherent risks. There are potential risks and complications with every treatment and procedure, and doctors have a duty to obtain informed consent from patients before moving forward. Because these medical malpractice claims call into question the healthcare provider’s actions, expert opinions from other medical professionals are often a key part of the plaintiff’s case.

What Are Some Examples of Medical Malpractice Claims?

Medical malpractice cases can arise anytime the care a doctor provides falls short of the accepted standard of care. In some cases, this happens at the diagnosis stage. A doctor may diagnose a patient with the wrong illness or injury, ignoring key symptoms or failing to order tests that could have accurately identified the problem.

A misdiagnosis or delayed diagnosis can result in additional harm to the patient that wouldn’t have occurred with an accurate, timely diagnosis, especially in cases of rapidly progressing conditions.

In other situations, the error may be related to a treatment or procedure, such as a surgical error. Not all surgical complications qualify as medical malpractice, but major mistakes, such as operating on the wrong body part or leaving instruments behind, can be medical negligence. Birth injuries and medication errors are other examples where a health care provider’s mistake or lack of attention could cause serious injury to the patient.

Additionally, hospital negligence can also contribute to medical malpractice claims. This may include failures in hospital administration, inadequate staffing, or unsanitary conditions that lead to patient harm. Medical negligence occurs not only through direct actions of healthcare professionals but also through systemic issues within healthcare facilities.

Patients who suffer from medical malpractice often face life-altering injuries that require ongoing care and result in significant medical expenses and lost income. Experienced medical malpractice lawyers can help victims navigate the complexities of filing a medical negligence claim, ensuring they receive the financial compensation needed to cover pain and suffering, medical expenses, and other damages.

It is important to note that medical malpractice claims are subject to a time limit, commonly known as the limitation period, which varies by province. In New Brunswick, for example, the time limit is generally two years from the date the medical negligence occurs or is discovered. Seeking legal representation early through an initial consultation can help preserve evidence and strengthen a medical negligence case.

The Canadian Medical Protective Association often provides legal defense for healthcare professionals in these cases, which can make pursuing a claim challenging. However, experienced medical malpractice lawyers in Moncton and across Atlantic Canada possess extensive experience in handling such cases and can provide the legal services necessary to advocate effectively on behalf of victims and their loved ones.

Understanding the different categories of medical negligence and the three elements required to prove a claim—duty of care, breach of that duty, and causation of harm—is essential. Medical malpractice cases often require expert opinions from professionals in the same field to establish the standard of care and whether it was breached.

If you believe you or a loved one has been harmed due to medical negligence, do not hesitate to seek a free consultation with experienced lawyers who specialize in this area. Early legal advice can make a significant difference in the outcome of your case and help protect your well-being and financial stability.

How Can Medical Records Support Your Claim?

Medical records are the foundational pieces of evidence in most medical malpractice claims. These records show the timeline of care, from the first meeting with the medical practitioner to the time of discharge.

Appointment records can establish a timeframe for when the injury occurred, which is important when determining how the limitation period for personal injury claims applies. Doctors’ notes can provide records of the patient’s complaining symptoms and what decisions were made with regard to tests and treatments.

One of the first things a lawyer will do when starting a medical malpractice claim is to gather compelling medical evidence regarding the patient’s care and treatment. This helps the lawyer determine what was known about the patient’s symptoms and condition, and when, and can identify inconsistencies and gaps in care. Missing or incomplete notes may suggest negligence and a lack of attention on the doctor’s part.

What Role Do Expert Opinions Play?

Medical records are also invaluable if your legal team needs to bring in other healthcare professionals to provide expert opinions on your care. Medical expertise is critical to malpractice claims because a doctor can help explain what happened and what the standard of care was for a specific illness or injury in a clear and objective manner.

Going through medical records, assessing treatment protocols, and reviewing decisions requires specialized knowledge. Medical experts can explain to a judge or jury what most reasonable medical professionals would have done in a similar situation with the same information and whether a different approach could have led to a more positive outcome.

What Should You Do If You Think There’s Been an Issue With Your Medical Care?

Medical situations can often involve lengthy timelines of care or multiple healthcare providers, which can make the situation more complex. When you have concerns about the medical treatment you’ve received, it can be difficult to know what to do or where to turn first. The steps below can give you an initial plan of action and ensure you receive the guidance and support you need when evaluating your legal options.

• Write down everything you can remember. When you’ve been dealing with an illness or injury for several months or have been receiving ongoing medical care, it can help to create a timeline of what happened, who you saw, and what treatments and procedures you’ve had.
• Request your medical records. You are entitled to have access to copies of all of your medical records. Obtaining these records so that a lawyer can review them is a crucial step in determining if you may have a medical malpractice claim.
• Contact a Moncton medical malpractice lawyer. Medical malpractice claims have specific limitation periods, and it’s important to contact a lawyer as soon as you discover that you may have suffered harm due to a doctor’s negligence.

Contact a Medical Malpractice Lawyer Moncton Today

If you have questions about the medical care you’ve received and whether you may have a case for medical negligence, contact McKiggan Hebert Lawyers at 902-706-2298 to speak to a member of our team regarding your medical malpractice claims.