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.