Can You Sue a Doctor for Malpractice?
Posted on October 20, 2023
Medical malpractice is one of the most commonly understood types of negligence that is pursued legally. When a patient feels, or experiences harm from a healthcare professional, i.e. doctors, surgeons, dentists, or nurses, they may be able to file a negligence suit with an experienced civil lawyer in Toronto under the guise of malpractice. Determining whether harm that occurs in the care of a medical professional necessitates legal action like a negligence lawsuit. For personalized legal advice, book a consultation with Robert Karrass and the Karrass Law team.
What is Medical Malpractice & Negligence
Medical malpractice describes a type of civil suit that falls under the category of negligence. While many professions, such as engineers, real estate agents, consultants, architects, etc., can be sued for negligence, medical malpractice suits are more common. A professional is considered negligent when their service falls below the standard of care, resulting in harm or injury. If a doctor, nurse, or other medical professional fails to act reasonably, deviating from the industry standard, the affected party can file a lawsuit pursuing damages with a civil litigation lawyer.
Why Medical Malpractice Suits Matter
Doctors are held to a high standard, and rightfully so, as their decisions and actions can have life-altering consequences for patients. Patients can suffer physically, emotionally, and financially when they make errors, whether through misdiagnosis, surgical mistakes, prescription errors, or failure to obtain informed consent. This is when patients may consider taking legal action against the medical professional responsible.
What is Duty of Care?
Every medical professional has a duty of care, which is ultimately a responsibility to provide competent services that align with the best interests of the patients.
Duty of care speaks to a medical professional’s requirement to offer appropriate care consistently.
A breach of duty occurs when a medical professional strays from the industry standard or takes actions (or inactions) that result in harm to a patient. If you had an experience where your doctor or nurse did not fulfill their duty of care, schedule a consultation for legal advice regarding a medical malpractice suit with Karrass Law.
Causation is the link between negligence and the harm it caused, which is vital for a viable lawsuit. You and your lawyer must be able to make a case that not only was there a breach regarding the duty of care but a link between that negligence and the harm or injury that was caused.
Damages: Finally, the patient must demonstrate the extent of their injuries, including physical pain, emotional distress, medical bills, lost income, and more.
Proving these elements can be challenging, and this is where legal advice from a qualified civil lawyer or litigation lawyer becomes invaluable. These professionals specialize in understanding the intricacies of medical malpractice law and can help navigate the complexities of such cases.
Why File a Malpractice Suit in Ontario
The main goal of a medical malpractice suit is to seek compensation or monetary damages for the harm or injuries caused by a medical professional. In some cases, the pursuit of medical negligence cases drives change and improvements in healthcare practices to prevent similar issues in the future and by holding irresponsible or medical professionals accountable.
If you feel like your situation meets the criteria for malpractice, you can file a lawsuit for negligence. Because malpractice is a complex matter, start by booking a consultation with an experienced civil litigation lawyer with a strong track record before pursuing any action concerning your malpractice suit. Our team of lawyers will provide insight into the nuances of negligence and will take the time to understand the details of your situation to build a strong case.
Get Expert Legal Advice from a Trusted Civil Lawyer, Robert Karrass
If you’ve been hurt or injured at the hands of a medical professional you trusted, don’t hesitate to explore your options. Get legal advice from the experts and civil litigation lawyers at Karrass Law.