How to determine if your medical malpractice claim is valid

How to Determine if Your Medical Malpractice Claim Is Valid

Are you considering filing a medical malpractice claim? If you want to file a claim, it’s essential to ensure your claim is valid.

Most medical claims are filed because a medical professional either did not provide a patient with the expected level of care or did not adequately explain the risks of a procedure, medication, or treatment to a patient.

We’ll explain:

  • The elements which must be present to have a valid case

  • The most common types of medical malpractice

  • Why you should consult a lawyer if you want to file a malpractice claim

At Sommers Roth and Elmaleh, our medical malpractice lawyers can help you determine if you have a valid claim.

What elements need to be present to have a valid medical malpractice case?

You can’t file a malpractice claim simply because you feel a medical professional made an error or you aren’t happy with the treatment they provided.

To have a valid case, you must be able to prove that you did not receive adequate care. These are the four things your medical malpractice lawyers must be able to prove:

  • Duty of care – you had a patient-physician relationship with the medical professional.

  • Breach of duty – Your physician failed to uphold their duty of care due to negligence.

  • Causation – You were injured due to your physician’s actions.

  • Damages – You were subject to damages due to your injuries.

Malpractice lawyers can place claims against more than just one medical professional. A claim can be made against multiple providers or even an entire hospital or other healthcare facilities.

What are the most common types of medical malpractice?

Refusal to provide care

While a doctor can refuse to provide care if they are not qualified to treat your specific condition or illness, they can’t refuse care for other reasons such as your gender, race, or skin colour.

Failure to obtain consent

Failure to obtain consent medical malpractice takes two primary forms:

  • Your doctor does not get full consent before treatment, including performing surgery or other treatment you did not consent to.

  • You agree to the treatment your doctor recommends, but the doctor did not provide enough information about the treatment that you could make an informed decision.

    For example, they did not explain the side effects of a medication or the risks associated with a surgical procedure.

Medical negligence

Medical negligence applies to any malpractice not covered by the other two types. An example of medical negligence would be a misdiagnosis or an error made during surgery.

Talk to some medical malpractice lawyers to learn more about what type of medical malpractice you may have been subject to.

Why should I consult with medical malpractice lawyers if I want to file a claim?

There are several reasons it’s essential to consult with lawyers if you want to file a claim:

  • They can tell you you if you have a valid claim or not. They can also let you know what the statute of limitations is on your case.

  • They can let you know the steps involved in filing a malpractice claim. One advantage of working with lawyers is they have access to medical experts who can help establish the nature of your injuries and the level of care you should have received.

  • They can explain what kind of compensation you may be eligible to receive.

The purpose of filing a lawsuit is to obtain compensation for damages. Malpractice lawyers can explain some of the compensation you may be eligible for, such as lost wages, medical expenses, and pain and suffering.

How can Sommers Roth and Elmaleh help me?

At Sommers Roth and Elmaleh, our experienced medical malpractice lawyers have dealt with many different types of medical negligence and malpractice claims, including:

  • Obstetrical malpractice, including injuries at birth and pre-natal testing errors

  • Pediatric malpractice, which includes misdiagnosis or the failure to treat a condition properly

  • Medical misdiagnosis, including the failure to diagnose serious illnesses such as cancer

When you contact us for a free consultation, we’ll ask you to tell us about the details of your case and any supporting evidence you have. We’ll also discuss how this has impacted you and your family’s lives and inform you if we think you have a valid case.

Working with our awyers is your best opportunity to successfully pursue and win your medical malpractice case.

It’s Important To Know If You Have a Valid Case Before You Try to Pursue It

It can be stressful and exhausting to pursue these claims, so it’s vital to ensure you have a valid case before you start.

At Sommers Roth and Elmaleh, we can explain to you what elements need to be present to have a valid case, the different types of medical malpractice, and why you should consult with medical malpractice lawyers if you want to pursue a case.

Our dedicated lawyers can help you understand what kind of damages you may be eligible for, what the steps are in pursuing a case, and how we can help you fight and win.

Contact Us to Learn More About Working With Medical Malpractice Lawyers

Your best chance of winning your case is with the help of medical malpractice lawyers. To learn more about how we can help you, call us at 844-777-7372 or contact us online.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.

    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.

    Hilt this Tamrate
    Hilt this Tamrate
    23 May 2023
    Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
    Hector Cardenas
    Hector Cardenas
    4 January 2023
    I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.
    10 October 2022
    We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh,Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !
    Meggie Zhangkrk6hdjybfjt
    Meggie Zhangkrk6hdjybfjt
    6 October 2022
    I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.
    Tony Zhou
    Tony Zhou
    29 September 2022
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    Dianne Keckes
    Dianne Keckes
    18 July 2022
    I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!
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    Ivica J Sokic
    6 June 2022
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    Arden Melnechuk
    Arden Melnechuk
    1 December 2021
    I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!
    Megha Sharma
    Megha Sharma
    16 April 2021
    Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.
    Nick & Whitney Maraschiello-Basnett
    Nick & Whitney Maraschiello-Basnett
    18 July 2020
    We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.