Medical malpractice cases are extremely complex and require a detailed review of highly technical medical files, interpretation by specialized experts and the integration of law, medicine and science.
Negligence committed by doctors, nurses, hospitals and clinics
If you have suffered an injury due to negligence committed by a doctor, nurse, hospital or clinic you may have the right to sue them.
There are three very specific elements all of which must be present in order to win:
Fault is an act, or failure to act, which falls below the “standard of care’’ for the professional in question. The test in law merely requires that your doctor or nurse act as an average, prudent and diligent professional would act in similar circumstances.
An identifiable injury must have occurred.
If no injury occurred as a result, your lawsuit will not succeed even though a negligent act was committed.
Once fault and injury exist, the question becomes ‘’is the fault the direct cause of the injury?”
If all of the above elements exist you can 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, namely pain, suffering and inconvenience.