Civil lawsuits brought against doctors, hospitals, nurses and other medical professionals ("Medical Professionals") are commonly referred to as Medical Malpractice cases. Medical Malpractice cases involve allegations that a Medical Professional provided medical care to an individual that fell below the standard of care in the province of Ontario.
In order to succeed in a Medical Malpractice case an injured person ("the plaintiff") must prove that the medical care provided to the plaintiff by the Medical Professional fell below the standard of care that is required in Ontario. In other words, the Medical Professional failed to do something that an ordinary Medical Professional in Ontario ought to have done (or did something that they should not have done) given all of the circumstances of the case. In addition to proving a breach of the standard of care a plaintiff must also prove that the Medical Professional's failure to comply with the standard of care caused or contributed to the plaintiff's injury or current condition.
Many members of the public do not realize that Medical Professionals all carry liability insurance (or belong to a defence organization such as the Canadian Medical Protective Association which acts as a de facto insurer). Therefore if a Court orders a Medical Professional or Hospital to pay damages to an injured person, the insurer pays those damages and not the Medical Professional. The insurer also pays all of the legal costs incurred by the Medical Professional in defending the lawsuit. These insurers exist because occasionally even excellent doctors and Hospitals make mistakes that cause serious harm to patients that in fairness should result in compensation.
The lawyers at Oatley, Vigmond have a special expertise in Medical Malpractice cases. These cases are hard fought and take years to resolve. Oatley, Vigmond has a proven track record of taking on these difficult cases and resolving them successfully. If you would like a consultation about your potential Medical Malpractice case please contact us Toll-Free at:
1.888.662.2481.