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Things To Consider When Bringing A Medial Malpractice Claim

Please view the video below to learn about how we can help with medical malpractice issues

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Calgary Medical Malpractice Lawyers Representing Injured Patients

An injury due to a medical error or the negligence of a medical professional is a very traumatic event. Doctors, nurses, surgeons, and other medical professionals are supposed to be experts in their field, and people’s lives are literally in their hands. The consequences of any errors or negligence on their part can be physically and emotionally devastating. Patients affected by such injuries are often left feeling a wide range of emotions: frustration, anger, disappointment, betrayal, and confusion. There are often questions that are left unanswered, and many people feel the need to speak out to prevent this from happening to anyone else.

People who have suffered from a medical error or negligence often turn to the law to remedy the situation. At Cuming & Gillespie, we can help you navigate all of the factors that you will need to take into account and give you an honest and realistic evaluation of your case. We are known for being the best at what we do, and we have the experience and skills needed to get you the compensation you deserve.

Canadian Medical Protective Association 

Doctors in Canada are protected and defended by the Canadian Medical Protective Association (“CMPA”). It is important to note that this is not an insurance company, but an association set up by doctors, for doctors, to use in the event that a physician is sued for medical malpractice.

Every year, doctors pay membership fees which go towards a legal defense fund for claims that the CMPA deems to be defensible cases. This fund is used not only for civil lawsuits, such as medical malpractice, but also for the defence of doctors who may have been charged in criminally (e.g. financial fraud or sexual assault).

The purpose of the CMPA is to protect doctors from lawsuits and to pay compensation to injured parties under two circumstances only:

  • Where a Judge orders the CMPA to pay; or
  • Where there is no reasonable prospect of defending against the claim.

Since the CMPA and health care providers are not like traditional insurance companies, they are not going to settle a claim for a nuisance value. Medical professionals are very concerned about negative public exposure and their reputation and have immense resources at their disposal.

Strength of Your Case

Determining whether you or your loved one have a valid and provable claim against a medical professional is one of the first considerations you should make before pursuing a lawsuit.

The requirements to prove a medical malpractice claim are two-fold:

  1. You must prove that the medical professional breached an acceptable standard of care; and;
  2. You must establish that the breach resulted in the injury that is being alleged.

It is important to ensure the medical malpractice lawyer you hire spends ample time and effort reviewing your case to determine whether there was a breach in the standard of care and whether that breach resulted in the injury.  In some cases, the error is obvious and so is the injury, while in other cases neither are clear. With over 20 years of experience, the lawyers at Cuming & Gillespie have handled many different medical malpractice claims, and know how to correctly review files and prepare the strongest case.

We have been recognized by our peers and others, and have won various awards, including:

  • Best Lawyers in Canada Directory: Top listed in the areas of Personal Injury, Class Action and Medical Malpractice;
  • Global Law Experts Winner;
  • CorporateINTL Global Award Winner: Personal Injury Plaintiff Law Firm of the Year in Canada;
  • Top Choice Award: Top Injury Law Firm in Calgary; and
  • Personal Injury Plaintiff Law Firm of the Year – ACQ Law Awards.

In addition, both the firm and many of our lawyers have been recognized as leaders in our practice areas:

  • Listed as a Leading Firm in Lexpert;
  • Listed as Leading Lawyers in Lexpert;
  • Lexpert Ranked: Leading Practitioners in Alberta in the area of Personal Injury;
  • James Cuming – Listed in Who’s Who in American Law – Lifetime Achievement; and
  • James Cuming – Alberta Civil Trial Lawyers Association President’s Award.

Likelihood of Compensation 

Another important factor before you file a claim is whether the injuries you have suffered caused damage warranting significant compensation. Due to the well-funded nature of a doctor’s defence, suing a medical professional can take years, and may end up being more traumatic for the injured party. If minimal compensation is the most plausible outcome, it may not be worth pursuing the claim. Additionally, if you lose the claim, there is the possibility that the medical professional may come after you for legal costs. This creates a financial risk for an injured party, and also may add to the trauma.

At Cuming & Gillespie, we know that pursuing a lawsuit against a medical professional can be both daunting and financially challenging. We know that for a lot of people, it is not necessarily financially possible to pay a lawyer up front for their assistance. For this reason, our policy is simple: we do not require any retainer payment or any other money up front. We do not charge you any fees unless we are successful. We will always discuss our fee structure up front and before we proceed with your case.

We Can Help You Make the Best Decision for You and Your Family 

At Cuming & Gillespie, we know that a medical malpractice claim will be long and potentially difficult. Our team of compassionate lawyers will make it easier for you to pursue your claim by drawing on their experience and knowledge. We can evaluate your case honestly and help you decide whether you should pursue a claim. When we do take on a claim, we take on the entire upfront cost to thoroughly investigate your injuries, order and review your medical charts, locate the best medical experts in North America, and build the strongest case possible. Call us at 403-571-0555 or contact us online to book a free consultation today.