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 416-961-1212 or contact us online.

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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.

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    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.