What should you do if you suspect you've been a victim of medical malpractice/negligence?
You put your faith in a doctor or other medical professional, but then, something goes wrong. How could things have gotten worse when they should have gotten better? Did they give you the wrong treatment, or did it just not work? What are your rights? What should you do?
Your rights are protected under the law, and governed by the Health Care Consent Act, the Long-Term Care Act, and the Mental Health Act. In general, as a patient, you have a right to:
Receive safe and proper care.
Give or refuse consent for any procedure, and for any reason.
Have a medical professional clearly explain health problems and treatments to you.
Participate in health care decisions.
Ask questions and express concerns.
Request a second opinion; within reason.
Be assured that personal information is confidential. Request access to your health information records.
Request the transfer of your health records to another medical professional; you may be charged a fee.
Get your records
All medical professionals are required to keep accurate records as they are needed for medical purposes. As a patient, you should be able to obtain your records. Many hospitals and health care facilities now have ways that you can access to your medical records through an online portal. You should be able to download copies of your records or request that they be sent to you electronically, or as paper copies.
Should you make a complaint?
Each medical profession has its own regulatory body. Each of the professional bodies handles the investigation of complaints about their members. The investigation may involve interviewing the complainant, interviewing the professional, written submissions or an oral hearing. There may be consequences to the professional in the form of a written reprimand, orders for retraining, for additional regulation of their practice, or even suspension of a licence.
These investigations can be very useful in providing evidence towards a lawsuit, but they are not a substitute for the legal process.
Do you need a lawyer?
If you do wish to pursue a claim for compensation in a matter of medical malpractice or medical negligence, choose a lawyer who is very familiar with medical litigation. It is a specialized niche within the area of Plaintiff civil litigation. These lawsuits follow the same Rules of Civil Procedure as any lawsuit, your lawyer’s expertise and familiarity with the experts and insurers in this area can prove to be a very valuable resource in getting a good result for your claim.
If you choose to contact Singer Kwinter, we will listen carefully to your experience, and review your documents. Every case has both liability and damages elements that need to be proven in order to succeed. In matters of medical negligence, the analysis that we will be pursuing goes through the following steps:
What was the standard of care?
In medical situations, the requirement of a professional is not that the care they give be perfect, but that it be as good as a reasonable professional with their level of education and experience should be able to give. What should they have known? What options were available for them to do for you, and when?
Was the standard of care breached?
Having determined what the standard of care should have been, the next question is whether the treatment you received lived up to the standard. Were appropriate factors taken into consideration to plan your care? Was it executed properly? Were the accepted “best practices” and other professional guidance followed?
What are the damages?
Damages are assessed according to the effect that the accident had on the individual. If the injury is serious, the damages suffered by close family members may also be taken into account. Factors that should be included in the assessment of damages include pain and suffering, loss of income, costs of future care, and the loss of relationships that may have resulted due to the accident. Often, assessing these factors properly takes months, or even years, as the patient goes through a process of healing, and adaptation.
Also, to be accounted for in the assessment of damages are any subrogated claims, either from OHIP or from a private health insurance program.
Conclusion
If you have been hurt by the negligence of a doctor or other medical professional, we recommend that you do these three things:
Get better (or do your best to try to get better)
Get your records
Get a good lawyer
If you suspect you've been a victim of medical malpractice/negligence, contact Singer Kwinter today for your free consultation.
