Elements of a medical malpractice case

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Charles E. Gluckstein /
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With the huge amount of information accessible on the internet, some who believe they have been injured through medical malpractice wish to explore pursuing a claim without a lawyer. They may be able to do their own research about what may have happened to them, and how the legal system functions. But research and information are probably not enough to meet the challenges of pursuing a medical malpractice case for most.

Although individuals, with some exceptions (including minors and incapable parties), have the right to represent themselves in a lawsuit, it is generally not advisable to do so, particularly when it comes to complex medical malpractice cases.

Elements of a medical malpractice case

In order for a claimant to be successful in a medical negligence case, there are three key elements that must be proven:

• a breach of the standard of care

• causation

• damages

It is important to remember that all three elements must be met for an injured party to be successful in a lawsuit for medical negligence.

The business of medical malpractice lawsuits

Proving the case requires opinions from medical experts. These experts must review the applicable medical records, provide opinions, in writing and later in testimony, if needed, that establish a breach of the standard of care, causation, and damages.

The cost of obtaining expert opinions can be significant, and, at times, may outweigh the value of the claim itself. Regrettably, this becomes an important consideration when determining the viability of a particular case, and a reality that injured parties and their families must consider. It is not prudent for the injured party to spend tens of thousands of dollars on expert opinions, and to invest many years of their time pursuing a lawsuit if the value of the claim is insufficient to justify that expense.

Given their scientific and complex nature, medical malpractice cases are typically more challenging than other personal injury cases. Further, these cases tend to be vigorously defended by the medical profession with their ample resources. The inherent complexity of these cases also tends to make them long and drawn out, taking many years to bring to conclusion.

Experience is a significant asset when it comes to pursuing and navigating a medical malpractice claim.

Seek legal advice before deciding to self-represent

Given the complexities involved in a medical malpractice lawsuit, it is advisable to consult with a medical malpractice lawyer and seek legal advice to assist with investigating a potential claim before starting a lawsuit.

Our medical malpractice team includes lawyers with the expertise to litigate these challenging cases along with staff who bring an intimate knowledge of the medical system.

With our extensive trial experience, excellent negotiating skills, and thorough knowledge of the medical practitioner insurance claims process, we can develop and manage your case every step of the way.

To learn more about how our medical malpractice lawyers in Toronto, Ottawa, Barrie or Niagara can assist you, contact us for a free consultation.