What Do I Have to Prove to Win My Medical Malpractice Case?
There are four things that you have to prove in order to win your medical malpractice case:
Standard of Care:
You will need expert evidence to show what standard of care is expected of a reasonably competent doctor (or nurse). 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.
Breach of the Standard:
You will need expert evidence to prove that the doctor (or nurse) did not meet the standard expected of a reasonably competent doctor (or nurse).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.
Not only must you prove that the doctor (or nurse) 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.
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 physical medicine specialists to prove the extent of your injuries; vocational experts to establish how your injuries affect your ability to work; and actuarial or economic experts to calculate your past and future income loss and future pension loss.
Think We Can Help You?
If you think you may have been a victim of medical malpractice and you would like our help, you can contact medical malpractice lawyer John McKiggan Q.C. online or by calling (902) 423-2050 or toll free at (902) 423-2050.
You can also get more free information on John’s Halifax Medical Malpractice Lawyer Blog.
You may also want to read John McKiggan’s book Health Scare: The Consumer’s Guide to Medical Malpractice Claims in Canada. You can buy a copy on Amazon.com (all sale proceeds are donated to charity) or you can get a free copy by contacting us through our website.