Edmonton Medical Malpractice Lawyers - Alberta Claims
The number of wrongful deaths in Canada due to clinical negligence exceeds 20,000 fatalities per annum however only a very small portion of those and the other 100,000 serious injuries that occur are ever considered by a medical malpractice lawyer. The effect of this is that those places providing negligent medical care continue operating at low standards causing ongoing damage or loss to patients. The law of negligence relating to clinical claims for personal injury compensation is a complex subject that requires the attention of a specialist Edmonton medical malpractice lawyer. Most lay clients would have great difficulty in dealing with a claim on their own behalf and it is advisable to take qualified legal as soon as possible after the event giving rise to injury. There are a number of matters that must be addressed by an Edmonton medical malpractice lawyer the most pressing of which relates to time limits followed by proof of negligence or lack of informed consent.
Standard of Care
An Edmonton medical malpractice lawyer can take legal action for negligence against any person or organization that provides clinical services including doctors, nurses, dentists, technicians and clinics. Any situation in which an individual was harmed and suffered personal injury because the level of care was not up to an acceptable standard, falls into the category of negligent treatment. Medical malpractice occurs when the standard of care given to a patient by a healthcare practitioner fails to meet a reasonable standard when compared to the standards of another reasonably competent healthcare professional. Once negligence has been established it is necessary for an Edmonton medical malpractice lawyer to show that the injury caused to the patient is as a direct result of the negligent act. This issue is usually dealt with by way of evidence consisting of independent specialist medical reports however it needs to be proven that the patient was harmed due to the negligent act of a healthcare provider and not from any other cause including the onward progression of the illness.
In order to properly deal with a clinical negligence claim an Edmonton medical malpractice lawyer must initially consider the issue of limitation. There are time limits on all claims for compensation for personal injury and if a claim is not settled or legal proceedings have not been filed in a court of law prior to the expiry of the limitation period then the opportunity to claim compensation may have been lost forever. There are exceptions to the general rule for minors and those with a mental disability.
Prior to undertaking any medical treatment a healthcare practitioner must obtain consent from the patient however this must be 'informed consent' whereby the patient must be told about the treatment in detail including risks and side effects and whether or not there are alternative treatments available. Failure to obtain informed consent from a patient means that any adverse event occurring as a result of the treatment will be considered to be medical malpractice notwithstanding that the problem may have been a recognized and common risk. An Edmonton medical malpractice lawyer will initially take a detailed statement from you in order to establish whether or not sufficient information was provided before the start of the treatment.
Free Legal Consultation
Our Edmonton medical malpractice lawyers offer free initial advice without further obligation. We are usually able to offer contingency fee arrangements which mean that we only charge for our legal fees in the event that the claim succeeds and a settlement of damages is received. If we do not claim successfully then we do not make any legal charges. If you would like to speak to a lawyer just complete and send the contact form or email our offices and a specialist clinical negligence lawyer will call you to discuss your potential case with no charge and no further obligation. We will attempt to provide instant advice over the telephone on the viability of your potential claim and the amount that you could expect to receive in the event of a successful outcome.