Let it be said everyone has the right to make mistakes, even doctors. However, some faults are less forgivable than others, especially when they result from a breach of the rules of the art of medicine and cause permanent bodily harm. It is at this moment that the recourse in medical responsibility becomes relevant!
Physicians are respected professionals of the utmost importance in society, which is why it is not so easy to bring action against them. This does not mean that you are not justified in demanding compensation, quite the contrary. All you need is a lawyer specializing in medical liability!
First of all, are you the victim of a medical error? Jacob D. Fuchsberg Law Firm helps you see clearly by presenting the most important principles of medical liability in Quebec!
How To Prove A Medical Error?
Alleging medical malpractice is one thing, but proving it in court is another. Medical liability follows the same principles as a civil liability but requires more specific proof that considers the medical field’s standards. There is no point in telling you that the proof can be all the more complex since it requires understanding a highly specialized field such as medicine.
1) Prove fault. In the medical field, fault will be found if the doctor concerned did not act as a prudent and diligent doctor would have done in the same circumstances. This standard of fault often requires calling on an expert witness who will give his professional opinion on the conduct that such a doctor would have in the same circumstances.
2) Demonstrate harm. Any losses suffered by the victim might be part of the alleged injury if they were caused by the doctor’s fault. Wage losses, the cost of therapeutic equipment and prostheses, treatments, and sometimes even psychological sequelae can fall into the category of harm.
3) Establish a causal link. The causal link must unite the fault and the damage! In other words, it must be the doctor’s fault that the cause of the injury suffered. If the fault was only partially responsible for the damage, the physician might only be liable for compensation in part.
What burden of proof is imposed on you in a lawsuit for medical error? As this is a civil action (not a criminal one), the burden of proof imposed is that of the balance of probabilities. This means that you will have to prove that it is more likely than not that the doctor’s fault caused your injury.
The expert like Nurse Malpractice lawyers for example is essential to win a medical liability claim! Indeed, as the dispute revolves around a breach by the doctor of the rules of the art, the medical principles are extremely complex, and it is essential to have an expert testify who can give his opinion on the conformity of the intervention of the accused doctor. The role of your expert will therefore be to enlighten the court on the standards of practice in the medical field.
