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How Do You Prove Medical Malpractice?

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How Do You Prove Medical Malpractice?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Prove Medical Malpractice

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.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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