Medical Malpractice Lawyer in Saint John

Helping You With Medical Malpractice Legal Action in New Brunswick

You seek medical care because you want healthcare providers to support you on a journey to wellness or with chronic conditions. When a negligent medical practitioner like a doctor or nurse causes harm, it can be scary and confusing to deal with. Medical negligence is a type of personal injury case, and you may be able to seek financial compensation for pain and suffering, loss of income, medical expenses and other losses related to your injuries.

Medical malpractice claims must be filed within a certain time limit, and the injured patient or their family members bear the burden of proof. Discussing your case with experienced lawyers can help you understand your litigation options. Contact McKiggan Hebert Lawyers at 902-706-2298 to find out whether you might be able to recover compensation and what the right approach for your case might be.

What Is a Medical Malpractice Claim?

Medical malpractice claims are personal injury claims that deal specifically with the actions of healthcare providers and potential injuries related to those actions. These types of claims can be brought against providers who have a formal clinical relationship with patients that includes a duty of care.

Duty of care refers to the legal obligation of a healthcare provider to act in the best interest of patients and provide services that meet a standard of care. When providers make errors or act in a way that fails to uphold that duty of care, injured patients may be able to seek compensation for losses.

What Do You Have to Prove for Successful Medical Malpractice Cases?

One challenge in bringing claims against medical professionals is that the Canadian Medical Protective Association (CMPA) often provides defence support. The CMPA is a membership organisation that most Canadian doctors belong to. The sole reason the CMPA exists is to defend any and all negligence claims brought against doctors in Canada, and it has extensive experience with these types of cases. Whether professional negligence cases involve the CMPA or not, the patient or loved one filing the claim must generally prove:

Existence of a duty of care. They must prove that the patient/provider relationship existed at the time of the injury or the incident that resulted in the injury. This may require that a person show they were officially a patient. If someone takes medical advice from a friend and it leads to injury, there may not be a duty of care, even if the friend is a physician.
Breach of duty. They must demonstrate that the medical professional breached the duty of care. This doesn’t necessarily mean they purposefully did something harmful. A breach of duty can come from a lack of action, inappropriate action, or a major error. Put simply, you must prove that the doctor did something they should not have done or failed to do something they should have done.
Direct causal connection to the injury. They must tie the injury to the breach of duty specifically. An injury that resulted from another incident or treatment that didn’t breach the duty of care may not support a strong medical malpractice case.
Measurable damages. They must demonstrate that serious injuries or losses occurred. A breach of duty that doesn’t lead to an injury or action damages typically doesn’t offer an option for a medical malpractice claim.

When Can a Saint John Medical Malpractice Lawyer Help?

Medical malpractice lawyers can help when you need to consider whether medical negligence might have occurred and you have a potential claim. Scenarios where you might want to talk to a medical malpractice legal team include:

You experienced an unexpected outcome after a procedure or treatment. A poor outcome doesn’t automatically support hospital negligence or a doctor’s negligence, but it may be worth talking to a lawyer about your options.
You received a delayed or incorrect diagnosis. If a condition goes undiagnosed despite active treatment, or you receive the wrong diagnosis, you may have grounds for a claim depending on the resulting injuries.
A provider performed a procedure without your informed consent. If the safety risks of a procedure aren’t appropriately explained to you so you can make an informed decision, it could help support a medical malpractice claim.
You were given a medication or dose that was incorrect or wasn’t ordered by your doctor. Medication errors made by nurses or other providers are a common type of medical negligence.
You suspect an error during surgery. Complications during or after surgery could be related to negligence.
You experienced a worsening condition or injury after medical treatment with no clear explanation of the outcome. Even if you haven’t experienced one of the above scenarios, if your well-being and overall health have decreased after medical treatment, talking to lawyers experienced in medical negligence cases may be helpful.

What Should You Expect When Contacting a Legal Team?

When you contact personal injury lawyers about your medical malpractice case, you may answer a few brief questions on the phone when making a consultation appointment. When you attend your appointment, bring any documentation you have related to your case, such as medical records, correspondence with healthcare professionals, and proof of medical expenses. Records of lost income and a written summary of what’s happened since you think the injury occurred may also be helpful.

Expect to answer some questions during the initial consultation. It helps if you know the names of your medical providers and about your original diagnosis. However, if you aren’t sure about who treated you or for what, you can still make an appointment. Experienced medical malpractice lawyers will gather data and request records to tell the story of your case.

You’ll have a chance to ask questions about legal processes, legal fees, and other details. The prospective legal team will also provide you with an honest assessment, based on their knowledge and experience, of whether your case has merit. They’ll also walk you through the time limit on medical malpractice cases and whether you’re within the limitation period.

How to Get a Free Consultation for Your Medical Malpractice Case

If you believe you have experienced an injury caused by a negligent healthcare provider, a good first step is talking to a lawyer about your legal options. An initial consultation can help you understand whether your injuries and resulting scenario may support a claim and whether pain and suffering compensation is possible as well.

McKiggan Hebert Lawyers offers free consultations. You can schedule one by calling 902-706-2298.