When Should You Get Advice From a Medical Malpractice Lawyer? – Guest Post

Medical Malpractice Lawyer

If you require immediate medical care, then you will likely turn to a doctor to receive it. However, some medical personnel may make errors while treating their patients. Some medical errors are caused by gross negligence on the part of the doctor or surgeon.

If you have sustained injuries that were caused by the negligence of a medical professional, then you may be entitled to financial compensation in or out of a court of law. Filing a lawsuit against a clinic or hospital, however, will take some gumption and know-how.

We would recommend that you work with a medical malpractice lawyer in your area that is credible, reliable, and has a proven track record of success. They will have your best interests at heart and will go above and beyond the call of duty to help you receive the justice that you need and deserve.

In this article, we will focus on when you should get help from a medical malpractice lawyer.

Common Types of Medical Negligence

A late diagnosis or a misdiagnosis can cause grave harm to a patient in certain instances. For example, incorrectly diagnosing a patient with cancer may subject them to radiation or chemotherapy that may make them very ill. Or, a doctor may fail to diagnose you at all. A late diagnosis may render treatments futile due to the advanced progression of the disease you are afflicted with.

Surgical errors are also fairly common, even with recent advances in medical technology. For instance, a surgeon may accidentally operate on the wrong side or section of the patient’s body. Complications like irreversible nerve damage may ensue from their negligent actions.

In some cases, a surgeon may leave a foreign object inside the patient (such as a scalpel or surgical sponge) after sewing up their incisions. This may lead to a life-threatening infection. As well, utilizing improper methods to extract an infant from a mother’s birth canal may lead to severe birth injuries.

There is also the matter of anesthesiology. An anesthesiologist, for instance, may fail to provide the patient in their care with the appropriate amount of sedative. Failure to properly anesthetize a patient may cause them to wake up during their operation. Conversely, excess nitrous gas may cause the patient to go into a coma or even die.

Can I sue for medical malpractice?

You can only file an actionable claim if you have suffered actual physical harm that can be quantified. Moreover, you must prove that the harm that you sustained was caused directly by the negligence and medical errors of the medical expert who was assigned to your case.

Furthermore, you will need to prove that your doctor or surgeon violated their Hippocratic Oath by not providing you with medical services that were up to par. Doctors are held to a high standard of patient care. When a doctor fails to adhere to such standards, they are in direct violation of their provider-patient obligations.

How to Prove Medical Negligence

First, you will need to prove that you had a provider-patient relationship with your physician, however brief. In other words, you must prove that you sought out their medical counsel, and that they consented to help diagnose and/or treat your condition.

You will also need to show that the medical services they provided fell below the expected standards of care that are required by a licensed and trained medical professional.

Causation must also be demonstrated without question. The injuries that you have sustained must have been caused directly by the actions (or inactions) of your physician or surgeon.

In sum, if you can prove that you have been harmed by the medical negligence or poor treatment of your doctor, then you can file an actionable claim against them.

When should you hire a malpractice lawyer?

A medical malpractice lawyer is responsible for collecting sufficient evidence in order to prove that your damages were caused by your healthcare provider’s negligence.

A seasoned malpractice lawyer will have access to several resources that can help you build your case against your physician. They will usually have connections to stalwart medical experts that can help increase your chances of winning your claim.

A superlative medical malpractice lawyer will be able to evaluate your case from top to bottom in order to determine the best course of action. They will also file all of the necessary documents in a timely manner to help expedite your claim.

When you are dealing with an injury, you will need to be in a sound state of mind in order to heal. A medical malpractice lawyer will handle the paperwork and the negotiations with your hospital or clinic’s insurance firms so that you can focus on your rehabilitation.

A good malpractice lawyer will also have a legal team on hand in order to keep track of pertinent deadlines and help with record tabulations.

Help is Available for Those Who Need It

If you know someone who has filed a personal injury claim against another party, then they may be able to assist you. Ask trusted loved ones or colleagues if they can refer you to a malpractice lawyer that they trust in your local area.

Check references and go over testimonials in order to better gauge the competencies of the attorney in question. Then, simply give them a call to arrange a free, no-obligation consultation.

It should also be noted that lawyers who work on a contingency basis may be more selective than those that require you to put money down in order to obtain their representation. Thus, you may need to consult with a few lawyers until you can find one that will take on your case. A solid referral from a trusted family member or colleague can help make matters significantly easier.


Jessica Coates is a blogger in Toronto. She graduated with honors from the University of British Columbia with a dual degree in Business Administration and Creative Writing. Jessica Coates is a community manager for small businesses across Canada. When not working, she leisurely studies economics, history, law and business solutions.

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