Suffering an injury due to medical malpractice can be a devastating experience. In addition to the physical and emotional pain, there can be financial and legal consequences to deal with as well. If you have been injured in a medical malpractice case in Ottawa, it is important to know your rights and take appropriate steps to protect yourself. We have compiled a guide to help you understand what to do if you have been injured in a medical malpractice case in Ottawa.
Step 1: Seek Medical Attention
The first and most important step if you have been injured due to medical malpractice is to seek medical attention. Your health should be your top priority. Even if you think your injuries are minor, it is important to have them assessed by a medical professional. In addition to treating your injuries, a medical report can provide important evidence in your case.
Step 2: Gather Evidence
Gathering evidence is crucial in a medical malpractice case. The evidence can help establish the standard of care that was expected and how that standard was breached. This can include medical records, witness statements, and expert opinions. You should also document any physical evidence, such as medical equipment or devices that may have been involved in your injury.
Step 3: Consult with a Lawyer
Consulting with a lawyer who specializes in medical malpractice cases is essential. They can help you understand your legal rights and options, as well as guide you through the complex legal process. A lawyer can also help you gather the necessary evidence, negotiate with the insurance company, and represent you in court if necessary.
Be aware that there are limitation periods for bringing a medical malpractice claim in Ontario courts. As best practice, consult with a lawyer as soon possible after the injury is discovered.
Step 4: File a Claim
If you have been injured due to medical malpractice, you may be entitled to compensation. To pursue this compensation, you will need to file a claim. Your lawyer can help you with this process. In Ontario, there are strict deadlines for filing a claim, so it is important to act quickly.
Step 5: Negotiate a Settlement
In many cases, medical malpractice claims are settled out of court. Your lawyer can negotiate with the insurance company on your behalf to try to reach a settlement that fairly compensates you for your injuries. If a settlement cannot be reached, your case may go to trial.
Step 6: Attend Mediation
In Ottawa, before a medical malpractice case goes to trial, the parties are required to attend mediation. This is an opportunity for the parties to try to resolve the case with the assistance of a neutral third-party mediator. Your lawyer can represent you at mediation and help you negotiate a fair settlement.
Step 7: Go to Trial
If a settlement cannot be reached, your case may go to trial. Your lawyer will represent you in court and present your case to a judge and jury. It is important to note that going to trial can be a lengthy and expensive process, so it is important to weigh the pros and cons of this option carefully.
If you have been injured due to medical malpractice in Ottawa, it is important to take action to protect your legal rights. Seek medical attention, gather evidence, consult with a lawyer, file a claim, negotiate a settlement, attend mediation, and go to trial if necessary. Remember that time is of the essence in these cases, so don’t delay in seeking legal advice. With the right legal representation, you can get the compensation you deserve and move forward from your injury.
The ability to make a meaningful change in people’s lives is what attracts Kanon to injury law. For Kanon, the clients’ right to fair compensation is the pillar of his deep commitment to improving the lives of injured persons and their families. Kanon started at Bergeron Clifford as a summer student learning the ins and outs of injury law. He then completed his articles at our firm before being called to the Ontario bar in 2020.