December 14, 2015
In a decision that might put an end to a Calgary medical malpractice case that has been in motion for over a decade, the Supreme Court of Canada has declined to hear the plaintiff's most recent appeal, thereby upholding the ruling of previous courts.
While we do not have enough information to comment on the specific case at hand, there are a few important things that this news story illustrates about medical malpractice cases in general. This information could help you better understand your own malpractice case, and the importance of partnering with an experienced Calgary medical malpractice lawyer in getting you the best possible outcome.
1. Medical Malpractice Lawsuits are Complex
No personal injury case is simple, even if the circumstances seem to clearly indicate that someone's negligence led to significant harm. Medical malpractice cases in Calgary tend to be even more complex due to the specialized medical knowledge that needs to be applied, the compelling need to protect the medical community from frivolous suits and cases where harm resulted from an honest and understandable mistake, and certain other peculiarities of the rules and regulations concerning medical malpractice.
You may feel that a doctor or other medical professional has harmed you, but determining whether or not you have a viable medical malpractice case is far more complex.
2. Not All Mistakes Are Grounds for a Medical Malpractice Claim
In order for a medical malpractice claim to be successful in the Calgary courts, you need to do more than prove that your doctor or other medical professional or institution made a mistake that caused you harm. You have to prove that the mistake is one that a reasonably competent doctor/medical professional wouldn't have made, and/or that certain medical regulations or guidelines were violated in relation to your care that resulted in significant harm.
Medical science is not exact, and every treatment has certain risks. The legal and medical systems are both designed to ensure that doctors and other medical practitioners mitigate risks, making the best choices possible—giving you information about potential risks and likely outcomes so you can make informed decisions—for your future health. They can't predict the future, and they aren't perfect, but both the law and the Calgary court system are designed to protect them as long as they use proper caution.
3. An Experienced Calgary Medical Malpractice Lawyer is an Invaluable Asset
It isn't just a comprehensive knowledge of medical malpractice law itself that makes a lawyer such an important part of a successful Calgary medical malpractice case—it's knowledge of the procedures and workings of Calgary and Canada's court system as well. Improperly filing paperwork, not knowing what information is relevant to which documents, and other often complex ins and outs of the legal system make handling your own medical malpractice case very difficult. For help with your medical malpractice claim, or to help determine if you have a legitimate claim, contact the medical malpractice legal team at Cuming & Gillespie today.
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