Now, suing a doctor for sub-standard care in the province of Ontario is definitely something challenging. However, if you’ve sustained serious injuries once the medical procedure has been through and you are firmly assured that the facility itself or the doctor played a role in inflicting these injuries; you might consider the option to file a lawsuit. Said lawsuits are also commonly referred to as “medical malpractice”. You should, however, take into account that these are one of the hardest lawsuits to carry and you should definitely approach a lawyer who has thoroughly specialized in handling trials of this type.
Certain Cases Where Doctor Can Be Sued
Now, the law governing Ontario stipulates that doctors could be sued for negligent behavior. In order to be successful, the plaintiff needs to prove that the physician’s standard of care had felt below that which a reasonably competent doctor would have had in his situation as well as that the damages wouldn’t have occurred if it wasn’t for said actions.
This is definitely a lot easier said than done. Proving negligence means that you need to establish causality. You need to link the damages to the faulty or negligent actions of the doctor. This is known as the causality link and you should know that nothing can come in between. There are various aspects of negligence and medical malpractice that can be proven but there are complexities that need to be proven.
The time frame
The law of Ontario also governs that the plaintiff should begin the lawsuit no longer than two years after he knew or he ought to know about his right to claim his damages. Of course, this rule is subjected to the principle of discover ability, which means that certain injuries are discovered after a significant amount of time after they have been actually cause. The term is going to start from then on as this is only fair.
You should take quite a few things into account when it comes to it. First of all, these suits are very expensive and they require a tremendous amount of resource – both financial and intellectual. The lawyer that you hire must have specific and specialized experience in handling cases of the kind. That’s just it – you can’t rely on any personal injury lawyer because the field is particularly specific. You should also know that all of the cases in the country are defended by the Canadian Medical Protection Association. The latter is well resourced and it is known for being particularly vigorous when it comes to the protection of its members. This is going to make things even more challenging. Of course, none of the above means that you should give up – that’s something that you shouldn’t consider, especially, if you have the financial means to do so. Talk with your lawyer about the process and procedure.