If you believe that a doctor or other medical professional is responsible for your injury, you may be able to file a medical malpractice case against them. However, these cases can be complicated to prove, which means you’ll need an injury lawyer in Kitchener on your side. Here are some of the most common issues that often complicate these cases:
• The Statute of Limitations
In many states, a statute of limitations applies to medical malpractice cases. If the time limit for filing a suit expires, the case will not proceed. The statute of limitations varies by state and depends on several factors, including how long it takes for symptoms to develop after an injury and how long it takes for doctors to diagnose an issue. If you believe that you may have an injury related to medical malpractice, it’s essential to speak with a personal injury lawyer as soon as possible so they can assess whether or not your case falls within this time frame. If you wait too long before filing a lawsuit, the court could rule that your case is too old to proceed with.
• Damages
Damages in medical malpractice cases are typically measured by lost wages, medical bills and pain and suffering caused by the accident or incident. If your injuries aren’t severe enough to warrant large amounts of damage, this could complicate things further. For example, if your injuries don’t require hospitalization, this might prevent you from collecting damages for medical bills. There are some instances where a hospital stay isn’t necessary even with serious injuries—if you’re unconscious upon arrival at the hospital or if treatment is delayed until the following day, it might not result in any additional costs that the hospital or doctor could collect. A qualified injury lawyer will help you understand all your options and explore each possibility to make an informed decision about what course of action to take.
• Burden of Proof
For a plaintiff to win their case against a defendant, they must prove that the defendant was negligent and that this negligence caused their injuries or damage to property. This can be tricky because many doctors and hospitals are bound by strict confidentiality requirements when treating patients. Additionally, this can be hard to do if no obvious mistake was made during treatment or testing. Even when errors are apparent, it can still be challenging to show that they caused harm.
• No Witnesses
In many cases, there will be no one to testify on your behalf about what happened in the operating room or during your treatment. This means that it will be up to you and your personal injury lawyer to reconstruct what happened based on other evidence, such as records of tests and scans or statements from other doctors or nurses who were present at the time of your treatment.