Every personal injury case in Calgary has certain common elements: one party owes another what is called a “duty of care,” is negligent in that duty, and through that negligence causes injury to someone else. In a car accident, driving unsafely and/or failing to follow traffic laws and signs means violating the duty of care owed to other drivers, and when that negligent behavior leads to someone else’s injury the reckless driver can be held financially responsible.
Medical malpractice cases are the same in very basic terms, in that there is still a party with a duty of care (the medical professional) who, through some type of negligence (malpractice), causes injury to someone else (the patient). But scratching just a little beneath the surface reveals how uniquely complex this particular type of Calgary personal injury case can be.
Calgary Medical Professionals and Duty of Care
When a duty of care exists, its parameters are usually defined by law and simple common sense. In a car accident, as above, it’s the rules of the road that, for the most part, dictate your responsibility to keep those around you safe. If conditions change, such as a heavy Calgary snowstorm that limits visibility, drivers are responsible for reacting accordingly and slowing down or pulling over—taking reasonable steps to ensure they don’t injure someone else.
In the medical professions, the duty of care very clearly exists—doctors and nurses have a legal and professional obligation to ensure their attempts to treat you don’t cause further harm—but the nature of many medical procedures and the uncertainty of medical outcomes can make it difficult to determine when the line into medical malpractice has been crossed. Unlike traffic safety, which is written in black and white laws or at least can be reasonably assessed by the average Calgarian, understanding what is or isn’t medically appropriate, or what medical practices might have caused injury to a patient, requires extensive and often specialized medical knowledge.
Personal injury law firms in Calgary that routinely handle medical cases work with medical experts to help demonstrate their client’s injuries, and to hold the medical professionals who caused those injuries accountable. The evidence in such cases can be difficult to obtain and compare, but when the injury is real, just compensation should be sought. Speaking with an experienced Calgary medical malpractice/personal injury lawyer is in your best interests if you feel you’ve been injured, harmed, or received delayed treatment due to medical malpractice, as they have the knowledge to help you understand when you have a legitimate case and how best to proceed.
Contact Calgary’s Premier Medical Malpractice Lawyers Today
For a free consultation with an experienced Calgary-area medical malpractice lawyer, contact the offices of Cuming & Gillespie today. You need professional legal and medical advice as you pursue your claim, and our lawyers can help make sure you get the treatment you need while your case progresses. Get the help you deserve, and call today.Return to Blog