Important Facts About Medical And Legal Malpractice

Medical malpractice is a serious problem that causes a lot of mental stress, financial loss and personal suffering. Although many people trust medical doctors implicitly, quite a few people become victims of medical malpractice every year. In worst-case scenarios, people can even lose their lives to malpractice. Fortunately, civil law is a viable tool for achieving redress in situations such as these. Malpractice experts are medical professionals that serve as expert witnesses in malpractice cases. By helping people who are seeking justice, these experts arguably provide crucial services for the public.

Choosing the right malpractice expert is crucial for any plaintiff who hopes to succeed in court. Too often, inadequate expert witnesses have derailed cases that otherwise might have succeeded. Fortunately, most working malpractice experts are well-versed in their fields. By and large, these stalwart professionals do quite well in furthering the interests of plaintiffs.

Seeking Compensation For Legal Malpractice
Legal malpractice is another form of negligent malpractice that can cause severe financial harm. In general, legal malpractice is less serious and damaging than medical malpractice. After all, legal malpractice typically causes financial harm instead of physical harm. Nevertheless, both types of malpractice often lead to deep financial distress or personal bankruptcy. When any type of malpractice occurs, victims have every right to insist on just compensation.

Any time a lawyer consents to represent a client in a court of law, the law obligates that lawyer to work as hard as possible to meet the needs of the client. The exact nature of this legal obligation varies depending on the jurisdiction. Generally speaking, however, each lawyer must exercise reasonable amounts of skill, caution and diligence as they execute their duties. Of course, no lawyer is legally obligated to win each case. After all, the outcome is never completely assured in any case. Nevertheless, lawyers are expected to perform about as competently as their peers. When a lawyer proves notably incompetent, this is either called negligence or malpractice.

In order for any malpractice suit to succeed, the plaintiff must plainly show that the misconduct in question caused real, significant injury or loss. If malpractice merely sets the conditions for future harm, this does not meet the threshold for a successful malpractice suit. Legal malpractice cases are fairly rare. This is due to the fact that most lawyers do their very best to fight for their clients’ rights.

How to Choose Appropriate Malpractice Experts

When a medical malpractice lawsuit is filed, the discovery phase for both plaintiff and defendant will need to located suitable malpractice experts to study the evidence and testify in court proceedings. Although there are plenty of experts either already affiliated with law practices or willing to participate in a malpractice claim, it is very important to find appropriate experts to ensure that the case proceeds smoothly. Here are a few things to keep in mind when hiring a malpractice expert.


One of the first things to look for when hiring a malpractice expert is education level. Often, an advanced college degree implies stronger knowledge of and training in the medical field. However, if the expert has more education in research than in practice, that could be a problem in the courtroom if the basis of the lawsuit depends on actual medical practice rather than textbook training.

Medical specialization.

Specialization in the medical field involved in the lawsuit is also important. A general practitioner can offer valuable testimony to a certain extent, for example, on the typical recovery period of a broken wrist. But if the fracture is compounded by other issues, like arthritis or cancer, a specialist can probably offer more detailed knowledge. In-depth training that can hone in on the specific injuries being attributed to malpractice provides greater support than a general medical opinion based on routine cases.

Legal experience.

No matter how skilled a medical expert may be, without legal experience he or she might not be a good witness for a malpractice case. Medical practitioners are not used to being questioned or drilled about their expertise in their work settings. But in a legal proceeding, that is exactly what happens. The malpractice expert needs to be familiar with legal protocols and know what to expect during a deposition or when giving courtroom testimony. Experts lacking legal experience may falter or crumble under cross-examination, which can leave the case weak and vulnerable to exploitation by the opposing side.


Most malpractice experts have set fees for consultation, depositions, and courtroom testimony. Fees may be based on an hourly rate or on a package rate for all services involved with a case, though this option is less common. The estimated or actual fee should be stated up front in writing, with any extenuating clauses for overtime or cancellations clearly spelled out. For example, does the expert charge for a practice session before a deposition? If the expert falls apart during a proceeding, is payment still expected, even in part?

Hiring malpractice experts is a critical component of a litigation process. Careful attention should be given to screening experts in advance to ensure the best available experts are selected.

Myths About Pursuing Medical Malpractice Claims

A startling statistic is that medical negligence is the third most common cause of death in North America, directly behind heart disease and all types of cancer. Another statistic that many people find surprising is that a majority of patients actually take no legal action when they are victims of medical negligence. This state of affairs underscores the need for a victim of healthcare negligence to seek professional legal assistance from medical malpractice experts.

Medical malpractice experts indicate that there are a number of primary reasons why a large swath of injured patients do not take legal action in the aftermath of a incident of medical negligence. Some of the reasons individuals have for not seeking legal recompense are based on faulty information.

Personal Healthcare Costs Will Rise

A prevalent reason who some people do not seek legal assistance in the aftermath of an incident of medical negligence is that they believe their own, personal medical costs will increase. Research by Forbes magazine suggests that people misinterpret media reports about the frequency of medical malpractice claims and healthcare costs. These individuals inappropriately extrapolate this debate to the specifics of their own situation. In fact, making a claim for medical negligence does not cause an associated increase in an individuals cost for healthcare.

Patients Like Their Doctors

Another very basic, and yet widespread, reason why some individuals do not pursue medical malpractice claims is because they personally like their doctors or other healthcare providers. In the final analysis, it is all well and good to like a professional. However, the reality is that medical malpractice can significantly impact a person’s life into the future. In the absence of appropriate compensation for injuries associated with medical negligence, a person literally places his or her future further in peril.

Pursuit of a Medical Malpractice Claim is Grueling

The reality is that pursuing a medical malpractice claim can prove to be a challenging, even grueling, experience. This does not mean it should not be undertaken, however.

With the legal assistance of medical malpractice experts, a victim of medical negligence faces an easier road in pursuing a claim. The legal professional carries the ball when it comes to initiating and pursuing a medical malpractice claim, or even a lawsuit, to a successful conclusion.

Although a victim of medical negligence must be involved in the process, the proverbial heavy lifting is undertaken by a skilled, experienced medical malpractice attorney and other medical malpractice experts. Keep in mind that a medical malpractice lawyer typically does not charge a fee for an initial consultation to discuss a case involving some type of healthcare negligence. In addition, these professionals usually use a contingency fee arrangement. In simple terms, no fee is charged unless a favorable settlement or judgment is obtained.

Are You a Victim of Medical Malpractice?

Canada sees many medial malpractice suits each year, and victims do win money for their injuries and their troubles. However, it is important for each medical patient to understand that he or she is not automatically due compensation because an injury has occurred through a medical facility. A victim should contact medical malpractice experts and speak with them about the incident. They can review the various elements that validate a medical malpractice suit such as:

Best Interest of the Patient

The lawyer will examine the entire story that you give him or her about your injury to determine whether the care facility acted in your best interest. Neglect occurs when a medical facility acts in a way that is contrary to the needs and interests of the patient. In that case, the patient has a right to compensation because the medical professional broke a highly important oath.

Diagnosis Accuracy

Misdiagnosis is a huge problem that can cause a person’s illness to worsen. In extreme cases, a misdiagnosis can cause death. Medical practitioners would be severely responsible if they cause a death because they did not take the appropriate amount of time or perform the right tests to diagnose a patient’s condition.

Surgical and Medicinal Care

Surgical and medicinal care is another area that the lawyer will look into when he or she is considering your case. Some of the largest malpractice cases have to do with poor surgical procedures such as failure to properly handle and use equipment (forceps), not cleaning equipment properly, and leaving equipment inside of the wound site. Sanitation issues are another realm of malpractice that may be involved in your case. A reliable attorney can help you to sort it out. Medication administration is another area in which some people make mishaps and accidents. You are a victim of neglect if a nurse has given you something to which you are allergic.

Personal Treatment and Service

The level of care that a medical institution gives you matters in your case as much as the other points to. The care level is like the customer service level that you receive while you are spending time in the facility that you visit. You may be entitled to compensation if you believe that you have been improperly cared for in terms of feeding, assistance with hygienic duties or general attitude toward you while you are there.

Schedule an Appointment Today

Contact some renowned medical malpractice experts about your case. Don’t just settle for anyone because you may be sorry that you did in the end. What you need to do is conduct some research and hire a firm that has tenure as a firm, experience in the area in which you need assistance, and proof of former case wins.

Determining if You Have a Medical Malpractice Suit

Thousands of medical malpractice suits are filed each year by Canadian residents who feel that they have been wronged by a medical institution. If you believe that you are a victim of medical practice, then you will need to call medical malpractice experts today and find out how viable your case is. They will consider the following elements:

Whether an Injury Occurred

The first thing that your attorney will look at is whether or not an injury occurred. You can easily prove your injury by submitting to the attorney all of the Medical malpractice experts paperwork that you received from the specialist. Let the attorney see the X-rays, diagnoses and all the bills that you have. The bills that you have for therapy, medication and equipment will count toward your total settlement if you qualify for compensation.

Procedural Consent and Risk Notification

The attorney and the judge will consider the procedural risk and notification. They will want to know whether someone in the medical field notified you of the risks that were involved with the procedure that you received or not. Specialists are supposed to notify their patients of the risks involved with any procedures that they intend to undertake. You can win a case if someone failed to provide you with that information.

Whether the Medical Institution Acted Neglectfully

People who are in the medical profession have to do things that are in their patients’ best interest. Neglect occurs when someone in the medical field does not act accordingly. Examples of neglectful activity is misdiagnosing someone, forgetting to administer medication, administering the wrong medication and other such incidents. The attorney will examine the details that you disclose to him or her and then let you know how viable your case is.

Whether the Neglect Was Extreme

Extreme neglect can make your settlement larger if the attorney can prove that such a thing occurred. Extreme neglect occurs when a medical professional grossly disregards someone’s life. An example of extreme neglect is what occurs during nursing home abuse. Nursing home abuse is when caretakers do something that hurts the patient emotionally or physically. Refraining from conducting surgery for a life-threatening condition can constitute extreme neglect.

The payment that you can receive for extreme neglect is called punitive damages. The court will only award you punitive damages if you win the case for regular (compensatory) damages. Contact a specialist today and talk with that person about your incident. You may be eligible for funds that can help you get your life back together. Do not hesitate to schedule an appointment with a specialist. Many attorneys offer free consultation for situations like yours. You have nothing to lose by going to see one.

Medical Malpractice Trends: Failure to Timely Diagnose Cases

A noticeable trend among medical malpractice cases lodged in Canada involve the failure to make a timely diagnosis of a patient. Medical malpractice experts in the legal community are finding themselves representing an ever increasing number of individuals who suffered serious injuries because doctors failed to make a proper diagnosis of a disease or condition in a timely manner.

The failure to make a timely diagnosis is also representing an increasing percentage of medical malpractice wrongful death cases in Canada. Even with seemingly never ending advances in diagnostic technology, the failure to make a timely diagnosis appears to be on track to be an increasingly more prevalent problem.

Overview of the Failure to Make a Timely Diagnosis

The failure to make a timely diagnosis involves a patient who presents certain symptoms to a doctor. The health care provider does not make an erroneous diagnosis in the sense that the doctor incorrectly identifies a malady. Rather, the doctor makes no diagnosis at all in a timely manner.

No Diagnosis Versus an Incorrect One

When a doctor makes patently incorrect diagnosis of an illness or disease, the negligence is rather self-evident. On the other hand, when a doctor fails to make a timely diagnosis, the underlying negligence can prove to be a bit more elusive.

The typical scenario involves a patient making an appointment with a doctor. The patient presents symptoms and the doctor concludes there is nothing significantly medically wrong with the patient. In short, the doctor does nothing further.

Another common scenario involves a situation in which a doctor concludes that something may be wrong with a patient but then spends an inordinate and unnecessary amount of time reaching a proper diagnosis. The delay in diagnosing is not something that should occur if the doctor conducted his or her self in a reasonable manner.

In fact, the patients ends up having a serious medical condition that a reasonable doctor would have diagnosed in a timely period of time. In these cases, doctors are quick to pronounce that they acted with all deliberate speed and no other healthcare provider could have done better.

Medical Experts in the Legal Arena

Cased of failure to diagnosis in a reasonable time period necessitate the involvement of legal professionals who truly are medical experts. These professionals need to be able to address the nuanced nature of this type of malpractice with clarity and precision in order to best protect the rights of a patient injured because of this type of medical negligence.

How To Know If You Have An Medical Malpractice Case

Medical malpractice experts agree that there are certain criteria that must be met if you are to prove to a Canadian court that your medical malpractice suit deserves to be heard. Some of the most important criteria includes, but is not limited to, the following:

You Must Prove A Professional Relationship Between Your Doctor And Yourself

You will need to show conclusive proof via written documents that you had a professional relationship with the doctor you are suing. In other words, you need to prove that you directly hired this physician, and that they then began to treat you. This means that the doctor you are citing for malpractice must have been directly hired to treat you. They cannot be a consulting physician who may have been only indirectly responsible for your treatment.

You Must Prove That The Physician Was Negligent In Your Treatment

You must prove that the physician you hired was directly negligent in either your diagnosis or treatment. The level of care that your doctor provided doesn’t have to be the best possible (as this is a concept that can hardly be defined in strict legal terms). However, under Canadian law, you have to prove that the doctor you employed to treat you caused you injuries in a manner that no competent physician, acting under the approved medical guidelines of treatment, would have.

You Must Prove That The Malpractice Led To Physical And Mental Anguish

Canadian Medical malpractice experts agree that you will need to prove that the malpractice committed by your attending physician led directly to both physical and mental suffering. While a precise definition of what “physical and mental suffering” entails may be hard to pinpoint, a few leading examples might include:

  • Physical pain. You must be able to prove that the malpractice committed by your attending physician has left you in serious, possibly permanent pain.
  • Mental distress. You must be able to prove that the malpractice committed by your doctor caused you a great deal of mental distress, for example anguish related to the loss of your quality of life or stress over impending bankruptcy due to not being able to cover your medical expenses.
  • Financial distress. You must show that the medical expenses you have incurred after the malpractice committed by your doctor have severely drained your finances. You must also include any additional claims concerning income that you may lost due to not being able to show up at your workplace during your recovery.
  • Reduced quality of life. You must show that your physical injuries and mental suffering have contributed to a severe reduction in your quality of life.