The Canadian Process Of A Medical Malpractice Case

When a Canadian feels they may have been the victim of medical malpractice, they need to contact a lawyer. Symptoms may happen months or years after the medical treatment occurred. A medical malpractice lawyer will be able to examine the facts of a case and determine its value. These medical malpractice experts are able to guide a person through the entire legal process of getting compensation for damages.

Second Opinion
It’s important for a person to obtain a second medical opinion concerning their condition. A medical malpractice attorney will know specialists who can provide a second opinion. This will establish if a physician has done everything a reasonable physician would do to treat a patient with a similar medical condition.

Limitation Date
An attorney needs to file a lawsuit prior to a limitation date. There is a limited time for lawsuits to be filed against a medical professional for malpractice. It is covered in the Limitations Act of 2002. If some time has passed between medical treatment and the time a person notices something wrong, they need to contact a lawyer. They will know how to avoid missing the limitation date.

Canadian Medical Protective Association (CMPA)
The next step is to negotiate with CMPA. All licensed medical professionals are required to have malpractice insurance through CMPA. Their goal is to avoid paying claims. If a court finds a medical professional guilty, their goal is to pay the least amount necessary to settle the claim.

Pre-Trial Examinations
Up to 12 months after starting a lawsuit, each party to the lawsuit will be examined under oath by the lawyers from the other side. Lawyers for the plaintiff will try and provide evidence the medical professional did not follow proper procedure. The defense will try and show the plaintiff suffered no damages.

Document Exchange
Each lawyer must then provide documents relevant for the case to the other side. This could include things such as physician notations, witness reports, medical records, financial statements, income tax returns, evidence of lost income and more.

Trial Date
After all necessary documents are exchanged, the attorneys from both sides will discuss the options for a trial date. An out-of-court settlement will also be discussed. A person’s condition and symptoms must be taken into consideration. It could influence the court award if a trial is done too far into the future.

If a settlement can’t be negotiated prior to the trial date, the case will go to court. During the trial, the court will be presented evidence to show a medical professional was or was not at fault for the damages experienced. A medical expert witness, such as a doctor and other medical professionals, may be asked to testify. When the trial is over, a judge or jury will determine if the medical professional was at fault and the amount of damage the plaintiff suffered.

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