Putting your health and safety into the hands of a doctor takes a lot of trust. You trust them to have your best interest at heart, and that they have the necessary skill set to make the right diagnosis and assign the right treatment. In some cases, a patient will literally have to entrust their doctor with their life. Because of this, many don’t even want to hear about cases of medical malpractice. The thought is just too terrifying for them.
Unfortunately, the reality is that roughly 70,000 cases of medical malpractice are filed each year, in Canada alone. All of these cases are based on sustained injuries that could have been prevented by the practicing healthcare professional. In order to figure out whether you have a medical malpractice on your hands, it is best for you to read on so you can understand the rights you hold as a patient.
The Different Forms of Medical Malpractice
There are different ways in which a doctor’s negligence can harm a patient. It isn’t always a surgeon’s error or wrongfully prescribed dosage of medication – a doctor’s lack of action can also be the source of injury. Here are some examples of the different forms medical malpractice can take:
• Unwillingness to provide a diagnosis/Failure to provide the right diagnosis
• Lack of ordered tests to confirm a condition
• Wrongfully prescribed medication/Wrongfully prescribed dosage of the right medication
• Lack of consideration of a patient’s medical history
• Surgical mistakes, such as wrong site surgery and left behind instruments
• Discharging a patient prematurely from care and/or treatment
• Wrongfully interpreted laboratory results or tests
In order to proof a medical practitioner guilty of negligence, Injury Lawyer in Kitchener will need to prove that another practitioner with the same skill set and under the circumstances would have provided better care, under which the patient would not have suffered the injury. It becomes imperative to have a lawyer represent your rights as they understand the nuances of the claim and work accordingly.
From understanding the various applicable laws to working with medical doctors and law enforcement agencies, they have a strong network of professionals to assist them through the claim. While not mentioned above, failure to obtain a patient’s informed consent to a treatment or surgery is also a form of medical malpractice. This means that, if a doctor recommends a surgery or prescribes a medication, then they are also obligated to disclose all important associated risks that come with it. If they fail to explain the risks to you, then you as the patient cannot give informed consent. Furthermore, you can also sue a hospital or its staff if they refuse to treat you due to discrimination.