There are times when doctors are unable to help their patients. They may miss a diagnosis, or the patient simply cannot be helped. This is not always a case of medical malpractice.

In order to prove medical malpractice, the patient must be able to prove that the doctor or other healthcare professional acted negligently. This means that they must have neglected to perform proper treatment or that they acted incorrectly in some other way.

Due to the fact that doctors may try to help as best they can but the outcome is still unsuccessful, proving medical malpractice can be difficult. The standard is typically to determine if another doctor would have acted in the same way. If so, these cases may be simply found to be a mistake or something the doctor could not control. This would not be a case of medical malpractice.

Patients do not have to determine if a doctor acted in a reasonable manner on their own. This can be difficult, as they are often trying to recover from serious injuries. A medical malpractice lawyer can investigate further for hurt patients and ask other doctors for their advice on what other measures they may have taken.

Common Medical Malpractice Claims

A failure to diagnose or a misdiagnosis is the most common type of medical malpractice claim in Nova Scotia. This is most often due to the fact that emergency rooms and clinics can become overloaded with patients, causing patients to suffer through long waiting periods while they wait to see a doctor. This can cause conditions to get worse, particularly when the condition is serious such as an infection or an asthma attack.

Other types of medical malpractice may include:

  • Birth injuries including cerebral palsy and Erb’s palsy
  • Errors with anesthesia administration and/or monitoring
  • Pulmonary embolism
  • Surgical errors including damage to other organs and implemented instruments
  • Errors made during LASIK eye surgery
  • Prescription errors, most common when patients are prescribed or given the wrong medication
  • Bed sores, often due to patients that are neglected and left to remain in bed for long periods of time
  • Failure to inform patients of risks, side effects, and other elements associated with any procedure or treatment

Medical malpractice does not always have to include these specific injuries. For instance, hospitals and other healthcare organizations are not allowed to turn patients away based on discrimination of race, gender, age, or sexual preference.

Proving medical malpractice is extremely difficult. The Canadian Medical Protective Association is designed to fight, and fight hard, on behalf of doctors and other healthcare professionals. Their mission is to protect healthcare workers against these kinds of claims, regardless of the rights of the patient.

How A Preszler Medical Malpractice Lawyer Can Help

It is crucial that if you have been injured before or during the course of treatment, that you speak with a medical malpractice immediately. There is a two-year time frame in which these claims can be filed, so it is important that you speak to a qualified lawyer that can help. Contact Preszler Law Injury Lawyers today for a FREE initial consultation regarding your potential medical malpractice claim.


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