6 Common Myths About Medical Malpractice Lawsuits

A medical malpractice lawsuit is an important pillar of the Canada healthcare system as it provides a means for patients to seek justice when they have been harmed by the negligence of physicians or other medical professionals. However, there are many myths surrounding these lawsuits that create confusion and deter people from pursuing their rightful claims.

For residents in Ontario, understanding the truth behind medical malpractice is essential to protect their rights and file litigations during avoidable mishaps.

In this blog, we will explain the concept of medical malpractice lawsuits and debunk the six common myths related to them to provide clarity and help you make informed decisions with confidence.

Understanding the Concept of Medical Malpractice Lawsuits

Medical malpractice lawsuits arise when a patient suffers from healthcare professionals’ ignorance or failure to provide a timely, appropriate standard of care. These lawsuits are filed in a bid to hold the responsible party accountable and compensate the affected patient for their injuries, medical expenses, lost wages, and other related damages.

A medical negligence lawyer is often contacted to guide victims through the legal process, along with a thorough investigation of the case, gathering evidence, consulting with medical experts, and building a strong case to prove your innocence.

From being too long, too costly, and too tough, the misconceptions regarding the specialty of a seasoned medical negligence lawyer and malpractice lawsuits continues to grow. Below are the most common myths and the fact-driven truths behind them:

Myth 1: Medical malpractice lawsuits are baseless.

A prevalent misconception is that the malpractice lawsuits filed by a medical negligence lawyer are often frivolous and baseless. The myth undermines the genuine suffering of individuals who have been harmed by medical negligence.

However, a five-year trend report by the Canadian Medical Protection Association (CMPA), an organization that protects health practitioners from these types of lawsuits, says otherwise.

In 2021, the report details that there were 632 legal actions “served” against medical practitioners, and 343 of these cases were settled with the plaintiff. This data indicates that the majority of claims are resolved in favour of affected victims, which suggests that many of these lawsuits are based on legitimate grievances and not just baseless claims.

In simple terms, malpractice legal actions filed by medical negligence lawyers aim to seek justice for errors in medical care and receive compensation for the victims’ suffering and financial losses.

Myth 2: Filing a lawsuit means you hate doctors and other health professionals.

Another common myth is that filing a medical malpractice lawsuit implies hatred for doctors and ignorance of their essential role in saving lives.

In reality, this is false. Many plaintiffs deeply respect the medical profession, but seek justice for injuries caused by negligence. These lawsuits are not a personal vendetta, but a means to hold healthcare providers accountable for their actions and to halt the chances of such errors happening again.

Emotionally, victims and their families often pursue these lawsuits to find closure and validate their sufferings. Through their legal actions, plaintiffs help create awareness and foster a safer medical environment that benefits both patients and health practitioners.

Myth 3: Only doctors can be sued.

The majority of patients believe that only doctors can be sued for medical malpractice—this is false. Medical negligence cases can involve a range of healthcare professionals, including nurses, pharmacists, and technicians. In some cases, the entire hospital can be a defendant.

For instance, a nurse might be sued by a medical negligence lawyer for administering the wrong medication or dosage, a technician for improper handling of medical equipment, and a hospital itself for inadequate policies leading to harm.

Understanding that medical liability always extends beyond doctors helps to ensure that all healthcare providers maintain high standards of care.

Myth 4: Medical malpractice lawsuits are quick schemes to get rich.

Contrary to popular belief, medical malpractice lawsuits are not a quick or easy way to get rich. These cases are usually difficult and require extensive legal and medical knowledge and documentation.

First, the process of filing a malpractice suit involves gathering evidence such as medical reports, expert testimonies, and detailed documentation of alleged negligence. This evidence must indicate that the defendant’s actions deviated from the standard and ethical practices, leading to harm to the patient.

In some cases, these lawsuits can be lengthy, often taking months and years to reach a resolution, which includes stages like pre-trial investigations, discovery, negotiations, and potentially a trial.

Additionally, the burden of proof in these cases is high, and Canada’s legal system demands deep scrutiny of the evidence provided. Thus, seeking justice through a medical malpractice lawsuit is far from an easy path to financial gain.

Myth 5: It’s too late to file a lawsuit.

Many victims of medical negligence often believe they have missed the opportunity to file a lawsuit, but this is just a misconception. In Ontario, the statute of limitations for medical malpractice claims is generally two years from the date the injury was discovered.

However, there are exceptions that may extend this timeframe. In an instance where the injured patient is a minor, the limitation period may be delayed until they reach adulthood. If the defendant concealed their negligence, the time limit may also be extended.

Myth 6: You don’t need a lawyer for a medical malpractice lawsuit.

Many people believe they can handle a medical malpractice case without legal representation, but this is a risky misconception. Medical malpractice law is complex and requires an in-depth understanding of both legal principles and medical practices.

Successfully suing a doctor can be challenging, particularly because almost all Canadian physicians are members of the CMPA (Canadian Medical Protective Association). This well-resourced organization is designed to defend doctors against malpractice claims, providing them with significant funds required for legal support and expertise.

However, an experienced medical negligence lawyer can evaluate your case, gather necessary evidence, access expert witnesses, and help you establish that an error has occurred. They can also negotiate with insurance companies and represent you in court if necessary.

At Sommers Roth and Elmaleh, our legal team has decades of experience in helping you level the playing field against the defences put up by medical practitioners and their insurers.

There’s No Replacement for Legal Expertise

The truths behind these common myths are essential for anyone considering filing a medical malpractice lawsuit. Remember, you need to give your claim the greatest chance of success.

Whether it has been a week, months, or over a year since you discovered an injury or damage that happened to you or your loved ones, you need to reach out to the best medical negligence lawyer firm in Ontario: Sommers Roth and Elmaleh.

Our compassionate legal team will allow you to focus on recovery, while we fight to bring you justice and well-deserved compensation. For more information, call us at 1-844-414-0121 or contact us online to leverage the full resources of Toronto’s largest medical negligence advocate.