How to Identify and Report Medical Malpractices

Medical malpractice is a legal action in which healthcare professionals – be it midwives, nurses, doctors, or any other healthcare worker – neglect their patients or fail to provide adequate care which results in harm or pain to their patients.

This blog aims to showcase the types of medical malpractice and what you can do if you’ve been a victim of malpractice. Read along to learn how to identify what constitutes malpractice and see what you can do to file a lawsuit and receive medical malpractice compensation. 

Examples of Medical Malpractice

Different types of medical malpractice include: 

• Misdiagnosis

• Surgery mistakes (either during the procedure, failure to suggest necessary surgery or an unnecessary suggestion for surgery)

• Incorrect medication or dosage of medication

• Not following up with a patient

• Failure to communicate

• Infections

• Anesthesia mistakes

The seriousness of a medical error lies in its consequences for patients – medical malpractice may cause suffering, pain and even death.

Victims can experience constant pain, suffer a disability or loss of income because of medical negligence. When they can identify and provide solid proof of the error – and of any personal injuries – they can start the process of filing a medical malpractice lawsuit.

Identifying and Reporting a Medical Malpractice

Medical malpractice is a complex legal issue that can often be difficult to prove in court. To successfully make a claim, you must prove that a healthcare provider or institution failed to provide reasonable care to a patient, which resulted in harm or injury. 

Several factors are taken into consideration when trying to determine if a claim of medical malpractice is legitimate. One factor involves looking at the level of care that a reasonable healthcare provider would provide under similar circumstances. If this level of care wasn't provided, it's called a breach of duty or standard of care. 

Causation is also considered. Those reviewing the case will consider the connection between the healthcare provider's failure to meet the standard of care and the harm suffered by the victim. 

If you suspect you or someone you love may be a victim of medical malpractice, you need to know how to identify and report it. After that, you can focus on building a solid case and getting the compensation you deserve. 

What a Malpractice Case Involves

Medical malpractice cases involve the plaintiffs – the victims as well as those representing them – and the defendants (those being sued).

The defendant can be a particular healthcare professional – a doctor, a nurse, a midwife, a dentist, a physiotherapist – or a group of healthcare professionals or a health institution – such as a hospital or clinic.

When presenting the case, the plaintiff must declare the breach of care caused by the healthcare professional and all the economic, physical and emotional damage that such breach caused to the victims. 

The Lawsuit Process

Before a medical malpractice lawsuit gets underway, you and your lawyer will collect information about what happened, including medical records and anything else that can be used as evidence to support your claim. The healthcare provider or institution being sued will receive a letter from your lawyer on your behalf informing them that you intend to file a lawsuit.

The plaintiffs and defendants must share their statements as well as the facts of the case with concrete proof – that is, documentation, paperwork and witnesses. Evidence may also include expert witness reports and depositions. 

Before the lawsuit reaches the courts, both sides can reach an agreement and settle the case out of court. However, if an agreement cannot be reached, the case will go on to trial. 

During the trial, both sides will present their arguments. The plaintiff must showcase, with the support of evidence, how the defendant has been negligent and how this negligence caused their damages. The judge will analyze and study the evidence to decide who is at fault. 

Compensation That Victims Are Entitled to Receive

Medical malpractice compensation is essential for victims of medical malpractice, as they often rely on the financial compensation they receive to cover their medical expenses, lost income or other costs incurred due to the malpractice. 

If you've been a victim of medical malpractice, you may find yourself unable to work for an extended period of time. Your quality of life and ability to enjoy yourself may be severely limited due to the injuries you suffered. 

However, it is essential to understand the types of compensation available and the factors that determine the amount of payment awarded.

Several types of compensation are available for victims of medical malpractice, including economic, non-economic, and punitive damages. Economic damages are intended to cover financial losses, whereas non-economic damages refer to non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages are awarded in cases of extreme negligence or intentional harm.

The amount of medical malpractice compensation you may receive after a successful malpractice claim depends on a number of factors, such as how severely you were injured, the level of negligence on the part of the healthcare provider and how their negligence has impacted your life. 

Working with an experienced medical malpractice lawyer is essential to ensuring you receive fair compensation for your damages. At Sommers, Roth and Elmaleh, we understand how medical malpractice may continue to cause suffering for a long time after it occurs. 

We will fight to get you the justice and financial compensation you're owed.   

Receive Medical Malpractice Compensation: Reach out to Sommers Roth and Elmaleh Today

At SRE, our professional team of medical malpractice lawyers in Toronto will go above and beyond to assist you with your medical negligence case.

With decades of experience getting our clients the medical malpractice compensation they deserve, we do everything in our power to create the strongest possible case and get you the justice and relief you deserve. 

To know more, contact us at 1-844-777-7372 to book your free consultation today.