Have you been hurt or injured due to blotched surgery or negligence of the doctor has contributed to your current suffering and pain? If you are looking to seek damages in a medical malpractice case, your injury lawyer in Ottawa will need to prove how the failure to act became negligence in your case.
You have to prove that three elements existed if you want to win a medical malpractice lawsuit:
1. There was a doctor-patient relationship
2. The doctor who treated you was negligent
3. The negligent acts caused you harm
The essence of any medical malpractice trial revolves around showing how the doctor’s actions lead to negligence. That goes against the legal duty of the doctor towards the patient.
You generally need to have a medical expert present if you want to prove negligence. Specifically, you need an expert who has experience in the medical procedure you underwent and who has ties to the local health community. The witness will try to convince the jury that:
● The doctor owed you a specific duty of care when providing medical treatment, and
● That standard and duty of care was breached.
Standard of Care
The medical standard of care is the basic definition and yardstick used when examining if a doctor acted with a particular duty of care towards a patient. The witness will inform the jury what that level of care was. The expert will do that by telling the jury what a competent doctor would have done in that situation. Your lawyer will define the injustices that were done and the ways you were neglected. The medical witness will describe what had to be done by a similarly trained and experienced doctor in the same circumstance.
You’ll probably hire a local medical expert who specializes in the same medical area as the doctor you’re suing. Keep in mind that some states require medical expert witnesses to be licensed and practicing professionals. There are laws about the expert that can testify in a medical malpractice case as they will be asked to give an opinion on the failure to act reasonably in the context of poor medical standard of care that was offered by the defendant doctor.
Proving the Standard of Care was Breached
Expect the witness to offer his or her objective medical opinion based on the defendant’s standard of care. Witnesses will scrutinize every aspect of the case and the jury will decide the outcome based on complex medical facts and knowledge. That is why it is important to have a good injury lawyer from Kingston in your corner that can ensure that you get the entitled damages and justice.