Annette Lefebvre Avocats devotes its practice exclusively to representing individuals or the families of those who have suffered serious personal injury or have died as a result of medical malpractice and negligence committed by physicians, nurses, hospitals and other healthcare providers such as midwives, chiropractors, acupuncturists, cosmetic surgeons and clinics.
Medical malpractice cases are extremely complex and require detailed review of highly technical medical files, interpretation by specialized experts and the integration of law, medicine and science.
There are three very specific elements all of which must be present in order to win: fault, an injury (a.k.a damages) and causation. If even one of these elements is missing the case will not succeed.
Fault is an act, or failure to act, which falls below the “standard of care” or “norms of practice” for the professional in question. To determine if there is fault, the court will examine the following elements: What is the applicable “standard of care”? The test in law only requires that your doctor or health care professional act as an average, prudent and diligent professional would act in similar circumstances.
INJURY (OR DAMAGES)
An identifiable injury must have occurred. For example, if the wrong medication was administered but no injury occurred as a result, your lawsuit will not succeed even though a negligent act was committed.
Once fault and injury have been proven, the law then asks: “Is the fault the direct cause of the injury?” and “Would it have made a difference to the outcome if the alleged negligence had not occurred?”
If all of the above elements exist you will be allowed to claim monetary compensation (also known as “damages”) not only for your physical injury but also for your resulting economic losses, such as loss of past and future income, the cost of medical expenses and cost of care, as well as your resulting psychological damages (also known as “moral damages”), namely pain, suffering and inconvenience.