Medical malpractice occurs when a person is harmed by a medical professional who fails to perform their medical duties as part of a standard of care. Proving medical malpractice in Ontario can be challenging. Proving medical malpractice is limited to whether or not the medical professional exercised the proper standard of care. To prove that medical malpractice occurred, you must be able to show all of these things:
Step 1. Establish the Existence of a Doctor/Patient Relationship
Without a doctor/patient relationship, there can be no medical malpractice. This relationship exists at any point where a doctor, nurse, or other medical professional agrees to render some form of medical care. This could be anything from diagnosis to treatment. Only by establishing this relationship can a malpractice case move forward. Thankfully, this step is rarely an issue. In most cases, doctors will not dispute that they rendered treatment to their patients.
Step 2. Prove Your Treatment Was Negligent
Unlike the first step, this case is always at issue. Proving that your doctor or surgeon was negligent is typically the central issue of a malpractice claim. To establish negligence, you must show that the treatment offered by your doctor failed to abide by the medical standard of care. The medical standard of care is the level of care a reasonable doctor with a similar background would have provided under the same circumstances. If a doctor fails to meet that standard, they have committed malpractice.
In most cases, you will need to rely on expert testimony from doctors in the same community and the same field of medicine to testify the treatment was negligent. This testimony can go a long way in proving your case.
Step 3. Establish a Medical Injury Occurred Due to Negligence
It is not enough to show a doctor/patient relationship exists and that your doctor violated the normal standard of medical care. To recover monetary compensation from a medical malpractice claim, you must also prove that you suffered injuries from the negligence.
There are two different types of injuries that could result from a doctor’s negligence. The first is when the negligence of a medical professional makes the injury or condition, they are treating worse. An example would include a neck surgeon that accidentally worsens the nerve damage they were intending to treat.
The second type of injury is entirely new and unrelated to the initial medical issue. An example would include a surgeon who, while removing an appendix, manages to damage the liver. In either case, you must show that the injuries received were due to the doctor’s negligence.
Step 4. Provide Proof of Monetary Damages
Following a medical injury, you must also show your injury resulted in monetary damages caused entirely by the medical malpractice. These could include economic damages or non-economic damages. Economic damages are tangible, meaning their value can be proven with documentary evidence. Examples include lost wages or medical bills. Non-economic damages are more speculative. Their value is decided by a jury. The most common example of non-economic damages is pain and suffering. Other compensation available through a malpractice action include loss of consortium, diminished future earning capacity, and even compensation for disfigurement.
Step 5. Find Appropriate Legal Counsel
Before you ever worry about how to prove a medical malpractice case, you should ensure that you have found the right medical malpractice lawyer. A medical malpractice claim can be complicated and should never be taken on without the guidance of an experienced professional.
