You might be planning on suing a medic for medical malpractice, but then are you prepared and equipped with a qualified medical malpractice lawyer Toronto for the gruesome legal battle. Some might be scared of suing their doctor. If you strongly believe that a loved one was a victim of medical malpractice in Canada then it’s important to avoid committing the following 8 mistakes.
- Hiring a medical malpractice lawyer with little or no experience
When looking for lawyers, many might be tempted to go for the cheapest lawyer. However, as you focus on affordability do not be tempted to hire someone with little experience in medical practice work. You might find it difficult to find an experienced medical malpractice lawyer, but then it’s not an impossible task.
- Allowing your legal representative to proceed with no evidence
Your attorney needs to carry out detailed investigation and gather all the needed evidence before proceeding with the case. This will make sure you have an upper hand with regards to the medical and the legal issues of the case. Lacking solid medical evidence can totally be a stumbling block in your case.
- Assumptions of price and speed of case
Many people who plan on suing a medical profession for medical malpractice, tend to assume that legal battle will be very brief and cheap. Experienced attorney and legal reps take viable cases on The “contingency basis”. The client will be expected to cater for the costs and pay for evidence collection procedure. Start the process with a budget ranging from $5000 to $15000, a favorable investigation will result into a very successful case.
- Underestimating the other party’s legal rep
Betting the farm, and assuming that the lawyer of the medic will get shy and quickly cave in, immediately they realize how good your legal counsel is. Remember that any substandard medical care and medical malpractice all end up with one thing, compensation. Therefore the lawyer and the insurance company will try their level best to make sure the compensation is as low as possible, even 0 compensation.
- Ignoring the examination of medical records
Many people don’t know that when dealing with a medical malpractice case, you might have to submit all your personal medical records to authorities. The people who are hired to protect all the medical professionals will carefully examine your medical history through a microscopic eye. That’s one of the consequences of putting all your medical affairs in the public forum by filling a medical malpractice lawsuit.
- Similar doctor-patient relationship after the lawsuit
It’s ignorant to assume that you will enjoy the same type of relationship with your doctor after you take them to court for medical negligence or malpractice. If you have plans of taking your doctor or medic to court then you should also make prior arrangements of seeking new medical health professionals who will be treating you. Immediately you fill the lawsuit your patient-doctor relationship will change immediately.
- Forgetting to bring the file to the court
Don’t allow your legal representative for your medical malpractice case to forget to work on the file and facilitate timely delivery of the file to the court. Such cases have many delays and plenty of work and therefore some lawyers might be tempted to keep the files moving. While the defense will always look for the passage of time as a tactic of killing the motivation.
- Assuming the medical malpractice case is about punishment and retribution
When dealing with a medical malpractice case, don’t make the mistake of thinking that the case focuses more on punishing the doctor and not related to the compensation. Medical doctors in Ontario have their watchdog as the College of Physicians and Surgeons. Dealing with them will be ponderous but still affordable.
Make sure you organize a consultation meeting with your medical malpractice so as to get prepared for all the legal and medical issues that will be related to your case. Make sure the claim is done sooner, a maximum of two years after receiving your “medical treatment”.