Every health professional is required to follow specific standards when treating illnesses. Doctors check-up their patient’s health condition before giving prescriptions, and surgeons conduct an intensive assessment before letting their patients go under the knife. They scan their patient’s body, create impressions and cast images, and finalize medical procedures for surgery. Consultation and preparation are essential in carrying out medical operations.
Nevertheless, there are instances when mistakes and negligence comes into the fore. Physicians give overdose prescription to patients, surgeons inject unsterilized needle on the patient, causing viral infection, and Anesthesiologists miscalculate anesthesia mixture, leading to hypoxia. There are many medical malpractice cases in the United States and Canada every year. In most cases, doctors are robbed off their license to practice medicine. Others, however, are able to surpass the legal test and retain their license.
In Ottawa, personal injury lawyers prove a medical malpractice claim in four grounds. These are duty of care, breach of duty, patient injury, and causation. Lawyers must be able to prove an existing relationship between the patient and doctor; this will prove that the patient has given the doctor the right to administer a medical treatment. In cosmetic surgery cases, the patient must have requested the doctor to make some changes to the original body contour or facial structure. A positive patient-doctor relationship must exist between the plaintiff and defendant.
After this, Ottawa personal injury lawyers must prove that physicians have defied the standards of care in performing medical procedures because of carelessness, lack of focus, or fatigue. In legal terms, this is called breach of duty. Any deviant act during the entire medical procedure can be also be considered as breach of duty. This is one of the most difficult grounds to establish in personal injury cases.
Moreover, Ottawa personal injury lawyers must prove that the breach of duty has caused injury to the patient. For instance, a lawyer must be able to verify that the wrong anesthesia mixture caused the hypoxia of the patient. Otherwise, the legal claim is null and void.
The burden of proving medical negligence lies solely on the personal injury lawyer Ottawa. Similarly, one’s client must be able to present the damage in court. This way, the court can consider the claim as meritorious.
