Medical Malpractice | October 26, 2022

When Should You File a Medical Negligence Claim?

Do you feel that you received substandard care from a doctor and this substandard care caused you harm? If so, you may have grounds for a medical negligence claim.

In this blog, we’ll answer the following questions:

What is medical negligence?
When should I file a medical negligence claim?
What are my chances of success with a medical negligence claim?

At Sommers Roth and Elmaleh, our experienced medical malpractice lawyers have won numerous high-profile medical negligence claims. We can explain to you how the process of filing a medical negligence claim works and what kind of compensation you may be able to obtain if your claim is successful.

What is medical negligence?

There are three main types of medical malpractice. The first two are when a doctor refuses to provide someone with care based on discriminatory factors (such as your race or gender) and when a doctor does not obtain full consent before a procedure (such as surgery).

Medical negligence is any other medical malpractice not covered by the first two categories. These are some examples of medical negligence:

Errors are made during a consultation, referral, or surgery.
A failure to provide an expected standard of care.
A medical professional misdiagnoses you.
A medical professional does not clearly communicate medical information to you.

These are just a few examples of instances where medical negligence has occurred. An experienced medical malpractice lawyer can provide you with more information about what qualifies as medical negligence.

When should I file a medical negligence claim?

You should file a medical negligence claim if you feel that a medical professional did not provide you with an expected level of care and that your health suffered from it.

For example, you should not file a medical negligence claim if your doctor prescribed you a new medication and indicated that it could possibly help you, but they couldn’t guarantee it would relieve your symptoms. This is not medical negligence as the doctor is not responsible for the fact the medication did not alleviate your symptoms.

You could file a medical negligence claim if your doctor prescribed you a new medication and failed to discuss potential severe side effects with you or check that it would not interact adversely with other medications they prescribed you, and your health suffered because of this.

The best way to know if you should file a medical negligence claim is to consult with a medical malpractice lawyer.

What are my chances of success with a medical negligence claim?

One of the best ways to gauge your chances of success with your medical negligence claim is to look at the outcome of similar medical negligence claims in Canada. While the previous success of a similar medical negligence claim does not guarantee your claim will be successful, it can help give you an idea of what you may reasonably be able to expect when pursuing your claim.

The best way to determine your chances of success with your medical negligence claim is to speak to an experienced medical malpractice lawyer. They can help you determine your case’s strength and what your next steps should be in pursuing a medical negligence case.

Make sure you keep all documentation (such as medical bills, reports, and communication with your doctor) related to your medical negligence claim, even if they seem unimportant. Also, remember that you only have two years from the date of your incident to file your claim.

How can Sommers Roth and Elmaleh help me with a medical negligence claim?

If you’re considering filing a medical negligence claim, your first course of action should be a free consultation with one of our lawyers. During your free consultation, our medical malpractice lawyers can explain:

Whether they feel you have a strong enough case to file a medical negligence claim.
What kind of information they’ll need from you to proceed with a medical negligence claim.
What kind of compensation you may be eligible for if your medical negligence claim is successful. The courts can decide to award you a variety of compensation, including compensation for medical expenses (such as therapy and corrective surgery), pain and suffering, and loss of wages or future earning capacity.

Your best chance of winning a medical negligence claim is with the help of an experienced medical malpractice lawyer. Our malpractice lawyers can help you navigate the medical-legal system and ensure you have the guidance and support you need to pursue your medical negligence claim properly.

Don’t Let the Statute Of Limitations Run Out on Your Medical Negligence Claim

This article is just a brief introduction to medical negligence claims. At Sommers Roth and Elmaleh, you can have a free consultation with our medical malpractice lawyers to learn more about how medical negligence claims work. We’ll talk to you about our track record with your kind of medical negligence claim and explain what your next steps should be if we feel you have a strong case.

Contact Us to Learn More About Filing a Medical Negligence Claim

We can help you if you’re interested in filing a medical negligence claim or any other kind of medical malpractice lawsuit. To learn more about filing a medical negligence claim, call us at 1-844-777-7372 or contact us online.

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23 May 2023

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4 January 2023

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29 September 2022

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18 July 2022

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1 December 2021

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16 April 2021

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18 July 2020

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