Challenges Common to Medical Malpractice Claims

Compared to other types of legal claims, successfully bringing a medical malpractice claim can be particularly challenging. However, if you have been seriously injured due to the negligence of a medical practitioner, pursuing your legal rights might be the best thing that you can do to protect yourself and your family.

While all legal claims come with their own set of challenges, there are a few that are unique to (or particularly pronounced with) medical malpractice claims. Having an experienced medical malpractice lawyer by your side can be invaluable in getting you through these challenges.

  1. Hiring medical experts to testify is expensive. This is an added expense, on top of your lawyer’s fees. Depending on the circumstances of your case, you may need to hire more than one expert. Typically you hire them to prepare a report, and then you have to pay them an additional fee if they have to testify in court. If your case is dismissed after a trial, you may end up being responsible not only for the cost of your experts but for the cost of the defendant’s experts as well. Your experienced medical malpractice lawyer will be able to evaluate the strength of your case periodically throughout the process to make sure that you fully understand and accept the risks that you are taking on.
  2. The Canadian Medical Protective Association funds the defence of its doctor members. Most doctors in Canada belong to the CMPA, which provides experienced lawyers and funding to defend its members against medical malpractice claims. Fortunately, experienced medical malpractice lawyers are used to dealing with CMPA lawyers and are not easily intimidated. An experienced lawyer from a well-established firm will have the skills and resources to deal effectively with the CMPA.
  3. It can be difficult to find experts willing to testify against other doctors. Some doctors may be reluctant to testify against other doctors. Your experienced medical malpractice lawyer has worked with many medical experts in the past. Your lawyer will know which doctors make the best and most reliable expert witnesses.
  4. The amount of damages that can be awarded for pain and suffering is limited. While the Supreme Court of Canada has placed a limit on the amount of damages that can be awarded for pain and suffering, this is likely not the only claim that you can make. An experienced lawyer will evaluate your case and make sure that the potential rewards are worth the risks.

There are financial risks involved with bringing a medical malpractice claim, but your medical malpractice lawyer will help you to evaluate the risks and the potential benefits and make the best decision for you and your family.

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