Why Should You Hire A Medical Negligence Lawyer in Calgary
When you seek to obtain medical treatment, you expect that the medical professional will intervene in a safe and competent way. The sad reality is that errors in medical treatment occur all the time, and they commonly result in serious physical and psychological injuries and long-term harm. If you or a loved one has suffered injuries as a result of a medical error, hiring a Calgary medical negligence lawyer will assist you a lot in your recovery journey from an emotional and financial point of view.
This article discusses why hiring a legal expert in medical negligence should not just be important, but is quite often essential to success, if you find that you are bringing a medical negligence claim in Calgary.
What Is Medical Negligence?
Medical negligence is when a healthcare provider, such as a doctor, nurse, or hospital, does not meet the acceptable standard of care, resulting in an injury or injury to the patient. Some examples of negligence would be:
- A misdiagnosis or delayed diagnosis;
- An error during surgery.
- misprescribing or improper medication;
- Injuries arising from birth;
- mistakes with anesthesia;
- Inadequate follow-up or aftercare;
Medical negligence cases are complicated matters where proving liability is not simply about how you didn’t like the treatment you received and resignation to that fact. To prove a prima facie case in medical negligence, you must prove that the healthcare provider breached their duty of care to you and that you suffered damages as a direct result.
Why is Medical Negligence Hard?
Medical malpractice cases can be very challenging personal injury cases to prove for a variety of reasons, such as:
Technical medical evidence: Medical negligence cases often include technical medical information that the average person (or lawyer) may not have.
Expert witnesses: It usually takes the testimony of medical professionals to establish negligence and causation.
Hospitals have lawyers: Healthcare providers and institutions usually have well-armed legal representation to fight claims against them.
Time limits: There are time limits on claims in Alberta, making time of the essence.
Why does all this matter? Because of the complexity, retaining a medical negligence lawyer in Calgary who practices in the area is the best, and sometimes the only way, to proceed.
Key Benefits of Hiring a Medical Negligence Lawyer in Calgary
- Knowledge of the Alberta Legal System
Each province in Canada has its own processes and healthcare laws. A Calgary-based medical negligence lawyer understands Alberta’s legal system from top to bottom. They know the local courts, provincial statutes and can use their knowledge to help you establish a strong case.
- Accurate Case Assessment
Medical negligence lawyers can take the facts of your circumstances and tell you if you have a good case. They will give you their honest view so you do not waste your time and money pursuing a case that may not be substantively valid. If you have a valid claim, your lawyer will then inform you about the damages you may be entitled to. These could be compensation for lost income, medical expenses, and pain and suffering.
- Access to Medical Experts
To prove negligence, you will require independent medical professionals to testify that your claim is valid. Medical malpractice lawyers will have established connections with expert witnesses who may be able to assist in your case, and, where required, provide court testimony.
- Strong Negotiation Skills
Most cases of medical negligence are settled out of court. An experienced medical negligence attorney knows what to say to hospitals and insurance companies to get the best settlement for you. Without representation, you might feel pressured to take a low settlement offer that does not cover all margins of your loss.
- Peace of Mind in a Difficult Time
There is no doubt that medical negligence creates a considerable amount of stress for an injured person. Perhaps it is best to have a lawyer guide you through the legal process so you can focus on your recovery. Your medical negligence attorney will collect evidence, file documents, communicate with the other party, and advocate on your behalf along the way.
What to Look for in a Medical Negligence Lawyer
If you proceed with a case, it will be important to have the right lawyer. Here are some important qualities to look for:
Experience – Find a lawyer whose practice focuses on medical malpractice, rather than personal injury overall.
Track Record – Ask what cases they have handled before and their level of success with similar cases.
Client testimonials – Find some reviews or ask for references from previous clients to see how they fared with the lawyer.
Fee structure – You will find that many medical negligence lawyers in Calgary work under a contingency fee structure. A contingency fee structure means you do not pay the lawyer unless you win.
Common Types of Compensation You May Receive
If your case succeeds, there are many types of compensatory damages which may be available to you:
Medical expenses: Past and future costs directly associated with your injury resulting from the malpractice.
Lost income: If you’ve missed work while recuperating from the injury, or are unable to return to the same position.
Pain and suffering: For all the physical and emotional suffering the injury has caused.
Loss of consortium: If the injury has caused an effect on your relationship with a spouse or family member.
An experienced attorney can work to ensure that all damage possibilities will be considered in your claim.
When Should You Contact a Medical Negligence Lawyer?
Time is of the utmost importance in any legal situation; however, even more so with a case of medical negligence. In Alberta, you typically have two years to file a medical negligence claim, and the limitation period starts regardless of when you know of the injury or when you ought reasonably to have that knowledge. Additionally, there may be other exceptions and nuances that are unique to your situation.
It is best to contact a lawyer as soon as you begin to suspect there may have been medical negligence. The sooner your legal team is involved, the better your chances are to:
- Preserve important evidence
- Obtain expert opinions
- Have your case filed correctly within the limitation periods
Bottomline
Attempting to pursue a medical negligence claim by yourself is not only complicated, but it could hurt your case. There are legal, medical, and procedural hurdles to overcome, and you really need an expert at the helm. Securing the service of a reputable medical negligence lawyer in Calgary is your best chance of getting the compensation and justice that you deserve.
Whatever the circumstance was—surgical error, misdiagnosis, or any other form of medical error—do not put off the consultation. Consulting with a lawyer who specializes in medical malpractice may well be the most important step you can take to reclaim your health, rights, and peace of mind. m0re
