A physician or staff member of a health or social services institution may commit medical malpractice that causes harm to a health care patient.
If this occurs, what can the alleged victim do?
MedLégal’s medical liability lawyers tell you 5 things you should know if you have been a victim of medical malpractice.
What are common examples of medical malpractice?
While medical malpractice can occur in countless situations, the experience of our medical liability and health lawyers has shown that some areas of medicine are more at risk than others. Here are a few examples of common medical malpractice:
- Faulty administration of medication (wrong drugs, wrong doses, etc.)
- Lack of supervision related to preventable falls
- Faulty triage in the emergency room
- Technical error during surgery
- Surgical site error
- Forgetting instruments or compresses related to surgery
- Mistake during childbirth
- Delay in the diagnosis or treatment of cancer or other pathology
- Error during pregnancy or childbirth follow-up
- Use of faulty equipment
- Failure to seek specialist advice
Who can sue for medical malpractice?
The immediate victim of the medical malpractice, if alive, can take legal action. Any person who has suffered direct damage in connection with the medical malpractice may also file a lawsuit against the person(s) at fault.
If the victim of medical malpractice has died, the victim’s heirs also have the right to sue on the victim’s behalf, as does any person who suffered direct damage caused by the victim’s loss. They can also sue on their own behalf for the loss of their loved one.
What you need to prove if you are a victim of medical malpractice
To take legal action in a court, medical malpractice and damages must first be proven. The causal link between the medical malpractice and the damage suffered must then be proven.
The intervention of several experts is sometimes required for this.
How long does it take to file a lawsuit if you are a victim of medical malpractice?
Once the medical malpractice is determined, the victim of medical malpractice has a maximum of three years to file a lawsuit.
Once the lawsuit is filed, a series of procedures can take place. These steps can take approximately 18 to 24 months before a trial is set.
Where applicable, the conviction amount bears interest throughout this entire process and while waiting for judgment.
Who to contact if you are a victim of medical malpractice
If you believe you are the victim of medical malpractice, you should contact lawyers who have the experience and training required to assist you in such complex and unique litigation. The lawyers in our firm all have post-graduate university training in health law and are fully trained to assist and represent victims of medical malpractice.
These lawyers are invaluable in helping you understand the circumstances surrounding medical malpractice and the reasons why damage was suffered.
In the event of a lawsuit, a lawyer who offers these legal services will make sure to formulate a claim taking into account all damages suffered according to the rule of law and applicable jurisprudence.