Suing doctors and other professionals is not easy, nor is it something that should be taken lightly. Professionals are well defended and their lawyers and insurers are committed to providing the best legal defense.
If you are a victim of medical negligence or other professional negligence, you need experienced counsel on your side. To successfully prosecute medical and professional negligence cases, you need lawyers who have the resources and skill to carefully analyze your case and commit the necessary resources and time to it.
Our firm has successfully handled a number of medical malpractice cases involving:
- Catastrophic injuries suffered by both mothers and infants during labour and delivery;
- Injuries caused by sponges or other instruments being left inside patients following surgery or other procedures;
- Fatalities resulting from missed diagnoses or delayed diagnoses; and
- Fatalities or injuries resulting from incorrect medications being prescribed or administered.
At Cuming & Gillespie, we value the reputation we have established as leaders in the medical and professional negligence fields. Professionals are not above the law and when they make mistakes, they should be held accountable.
Our firm gets a significant number of inquiries from individuals who are concerned about the medical treatment they themselves or a loved one has received, but are unsure whether they have a viable legal claim. The following is intended to provide important information about medical malpractice claims that may help you understand and assess your options:
In order to succeed in a medical malpractice claim, you need to show that the care received from the doctor, health practitioner or hospital did not meet the standard of care expected and was therefore negligent. The standard of care expected is not of perfection, but is that of a reasonably competent doctor, nurse, etc. in the same position.
Additionally, you need to show that the negligence caused you injury. It is not uncommon for complications to occur in the medical field; in order to have a valid medical malpractice claim, you must be able to show that the complications resulted from the negligence.
It is also important that individuals considering a medical malpractice claim understand the nature of these actions. Due to the risk of reputation involved, these claims are strongly defended by the insurers for the physicians, treatment providers, and hospitals. Proving the claim will almost always require expert evidence both on negligence and causation, as well as quantification of the damages suffered.
In terms of timing, generally you have 2 years from the date or negligence/injury in which to file a legal claim. This limitation differs for minors, such that they generally have 2 years from their 18th birthday. In some cases, the 2 year period will only start running from the date you knew or ought to have known that the negligence of a care provider caused you injury. To ensure your claim is commenced within the applicable limitation period, it is strongly recommended that you seek legal advice as soon as possible.
If you or a loved one is a victim of medical negligence or other professional negligence, call us to determine if we can help.