Montreal Medical Malpractice Lawyers - Quebec Compensation Claims
With over 24,000 deaths annually in Canada as a result of clinical negligence, the metropolitan area of Montreal accounts for almost 3,000 deaths with over 10,000 other serious incidents of personal injury caused by medical malpractice. Clinical negligence does not only involve doctors but also covers any other services that provide care to a patient. Doctors, dentists, hospitals, nurses and medical technicians can all make mistakes or provide care that is not up to standard resulting in medical malpractice compensation claims. Unfortunately only a small portion of wrongful deaths in Quebec are investigated by Montreal medical malpractice lawyers.
Proof of clinical negligence by a Montreal medical malpractice lawyer depends on demonstrating that the healthcare practitioner has failed to achieve a reasonable standard of care which has resulted in personal injury. Supporting evidence in the form of specialist medical reports is obtained and presented to the court in due course. It can be difficult for a lawyer to prove the extent of damage that has been caused exclusively by the negligent act bearing in mind that there was also an ongoing progressive illness. Not only will the lawyer need to prove negligence but they will need to prove that the patient suffered a personal injury directly caused by the negligent act of the healthcare provider.
A very important issue relating to medical malpractice is ‘informed consent’. It is incumbent on a healthcare practitioner to fully explain the type of procedure that is planned together with any potential risks or side effects to ensure that a patient can make an informed decision about going ahead with the procedure. Patients should also be advised about any potential alternative treatments that may be available. The purpose of the communication with the patient is to provide for informed consent however if the patient has not been fully advised, and an adverse event causes personal injury, the healthcare professional may be held accountable for payment of compensation for medical malpractice.
There are time limits and care should be taken to comply with the limitation requirements. Failure to settle the claim or to issue proceedings in a court of law within the limitation period may mean that the opportunity to claim compensation is lost forever. There are exceptions to the general limitation period for minors and the mentally incapacitated however you should obtain advice on time limits from a Montreal medical malpractice lawyer at the earliest opportunity. Limitation law can be a complex legal issue which requires sophisticated legal advice from a qualified professional if the pitfalls are to be avoided.
A Montreal medical malpractice lawyer will advise you about your right to claim compensation and will take legal action in appropriate cases. Many people are under the misconception that this will cost a lot of money with no guarantee of success but in reality most lawyers use a contingency fee arrangement to fund potential cases. What this means to the client is, if you do not receive compensation then the lawyer does not get paid.