Claims that arise when individuals suffer injuries during the course of their medical treatment are known as medical malpractice. If you have been the victim of such an injury, you may be entitled to damages. Before consulting a lawyer, however, there are a few things you should do.
1. Obtain your medical records if possible-this can be done by submitting a records request to either your physician or the hospital in which you were treated. Although many Canadians don't know it, we all have legal rights to access our personal medical records.
2. Understand the true role of experts-the fact that expert witnesses play an essential role in medical malpractice claims should not deter you from seeking the advice of a lawyer. Unless your injury involves a highly specialized type of medicine, the firm that represents you will have no difficulty finding experts to participate in your claim.
3. Understand the nature of medical malpractice claims-because these claims challenge the reputation of the physician or hospital involved, they are strongly defended. Many cases go to trial. Although this shouldn't discourage you from contacting a lawyer about your injury, it is a fact that you should keep in mind.