Now, when a doctor fails to end the relationship between the provider and the patient it could amount to significantly damaging medical malpractice. Patient abandonment is a particularly characteristic for of medical malpractice which takes place when a doctor terminates the relationship between him and his patient without any kind of reasonable excuse, if any is given at all. This is when he fails to provide the patient with a suitable and experienced replacement for his medical necessities. (more…)
The area of personal injury law is particularly interesting because it encompasses a wide range of different cases and the claims could be various. With this in mind, one of the topics that mostly discussed amongst the legal world is regarding medical malpractice cases. It’s clear that this is one of the most common causes for a personal injury claim but there is one particular question that poses a lot of interest. Is misdiagnosis medical malpractice?
Well, the truth is that when you or someone you love and care about falls ill, you are going to put your trust and investment into the medical professionals. However, they are also human and you should be well aware of the fact that they are capable of making mistakes. Misdiagnosing patients is something that is, unfortunately, more common than we would like it and this poses a serious topic up for discussion. If you’ve been misdiagnosed in the area of Ontario, you might be able to file a claim and our experienced attorneys might actually be able to help you out.
Medical malpractice is an event which is generally defined as when a doctor, hospital or other type of health care staff acts negligently and causes harm or any further injury to the ones that already exist in their patients. In order to prove that the medical personnel committed medical malpractice, you would have to be able to determine that he did not follow the standards which were set forth in advanced and that this particular negligence has led to the injuries or to the furthering of already existing ones. There are a quite a few common types of medical malpractice and misdiagnosis or delayed diagnosis is also included in the list.
Grounds for filing a case
Now, as you can see for yourself, a misdiagnosis could, in theory, be considered to be grounds for filing a medical malpractice claim. However, the premises have to be present. If your injuries were caused by something else which wasn’t the result of the misdiagnosis you wouldn’t be able to seek reparation of the injuries, regardless of the fact that you have actually been diagnosed. Furthermore, if the diagnosis was mistakenly imposed but this wasn’t caused by negligence but by some objective faculty, the doctor wouldn’t be liable for it and you wouldn’t be able to file reparation claims.
The solutions are rather fair as they are entailing proper extents of the liability that the doctors should be subjected to. Overstepping these boundaries would put the legal practice in jeopardy as the solutions wouldn’t be fair enough for both parties. With this in mind, it’s safe to conclude that a misdiagnosis could be grounds for filing a medical malpractice case in certain situations. Having a good personal injury lawyer in Toronto in your corner can actually turn the case in your interest. That is why it is important to hire a lawyer that can ensure that your rights are protected and has experience dealing with medical malpractice cases.
Orthopedic injuries formulate a large part of the potential damages that could have resulted from all sorts of accidents. They require thorough attention on behalf of the Injury Lawyer in Brantford as there is a wide abundance of possible traumas that require different legal approach. Some of them may be grounds for filing for emotional damages and some of them might only include some not so serious injuries which are unlikely to be causing tremendous pain and suffering. However, there are two main types of damages which should be taken into consideration when the topic at hand is orthopedic injuries.
These are the damages which could be based upon a simple document which proves that a certain expense has been made on behalf of the client of the Injury Lawyer in Brantford. Pecuniary damages include the reparation of losses which derived from medical treatment, nursing homes, rehab and further care after the treatment is through and so forth. However, it is very important to note that there are also some special expenses that are also subjected to compensation.
The expenses in question involve covering the loss of income in the family. As per the Family Act in Ontario, each family member is entitled to file a claim on behalf of other injured family member or on his own behalf claiming the loss in income as a result of the accident. These are the cases in which a certain member of the family who contributed a substantial part of the family’s income has lost the ability to earn this kind of money or his salary has been substantially reduced because he is no longer capable of carrying out a particular line of work. This loss is also covered by the compensation and it should be accounted for by the Injury Lawyer in Brantford.
Non-pecuniary or general damages
These are the so called general damages. In 1978, the Supreme Court of Canada issued a ruling which limits the maximum amount of general damages to $100,000. However, throughout the time, economical factors have shifted and inflation has to be taken into proper consideration and as a result the amount as of right now is approximately around $330,000. If the Injury Lawyer in Brantford decides to file for something above this amount it is going to be decreased by the court.
This type of damages involves all the pain and suffering that you have been through and the emotional trauma as consequence. These are assessed by the discretion of the court and they can’t be based on documentation such as medical receipts, bills or any kinds of purchase contracts. However, the doctors’ reports diagno/is and investigation reports are vital to prove the extent of the injuries. Experienced lawyers are able to judge and work on such cases better.