What is required for a medical malpractice claim?

To succeed in a medical malpractice claim we must be able to prove two equally important elements.

Firstly that the medical care fell below the standard of care, (in other words,) that there was a breach of standard of care; and

Secondly, that the breach of the standard of care caused the injury and damages.

Both are equally necessary to establish because there can be many situations where a breach of standard of care does not cause the injury or damage in question, or in other words, the injury would have occurred even if the medical standard of care had been met.

Expert opinions from qualified medical experts are required to prove these elements. Medical malpractice cases generally take a number of years to litigate.

I am sure you will have many further questions at this time. Please feel free to contact me or my office.

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Since 2011, our peers have consistently voted for us as one of Canada’s top personal injury firms in Canadian Lawyer magazine’s annual rankings of the top personal injury boutiques in Canada.

Howie, Sacks & Henry LLP – Award – Canadian Lawyer Magazine