Medical malpractice in Canada is a serious issue facing thousands across Canada with over 100,000 cases able to be brought to court each year. Of the probable cases, it is estimated that 38,000 to 43,000 directly resulted in death.
Though with those staggering numbers very little is recouped by patients and their loved ones for numerous reasons. The current malpractice grievance system in place tends to favor the side of the medical practitioner and most cases that do make it into court are either dismissed outright or bring very little financial compensation for those filing the suit. If you or a loved has suffered due to medical malpractice or negligence it is imperative that you understand some key points before moving forward with a suit to ensure you are not only properly represented but receive damages where they are due.
Filing a Case Within the Proper Timeline
Victims of medical malpractice have only a short window of opportunity to file a lawsuit against a medical practitioner before they are permanently prevented from bringing the case to court. Though each province has its own regulations regarding the exact amount of time that can elapse before a case is unable to seen, some provinces only allow a year, so it is imperative that you file your case promptly to avoid your suit being dismissed.
If you were able to file before the legal deadline, it is then your responsibility to prove that damages were incurred due to a fault of the medical practitioner, either through negligence or in part by not following established regulations for health care providers. This is where a medical malpractice experts witness will play a vital role as they will able to advise you to the validity of your claim. If the medical expert witness does indicate you have a case, they will be important in proving your claim in court, the professional opinion of a medical expert, unfortunately, carries more weight than statements made by citizens at times before judges so bringing an expert to testify severely improves your odds of winning a case and receiving proper compensation.
Expect a Long Road Ahead
Lawsuits filed against medical practitioners can often be lengthy processes that take years to resolve due to requirements necessary on both sides of the case. This process can at times exceed the life expectancy or available financial assets of those filing the case, so before deciding to pursue your case, understand it may be years before a decision is made and even longer before you receive financial compensation, so plan and proceed accordingly.
If you or your loved one has been injured due to medical malpractice, reach out to legal representation as soon as possible to avoid delays or dismissals of your case. Visit JD MD if you are interested in learning more information.