Medicine is a field fraught with uncertainty and things can and do go wrong during medical treatment. Not all patients make it through surgery, not all diseases are curable, and not all injuries heal. Such is the nature of medicine.
Accordingly, not all incidents will attract compensation. If the treating practitioner has performed up to the acceptable standard of care and through no fault of their own injury or harm occurs to the patient, no compensation will be payable. Compensation will only be payable when the carelessness of the practitioner is shown to cause the injury or harm.
In order to support a medical malpractice claim, an injured patient or their survivor must show that the treating practitioner’s care fell below the acceptable standard. The acceptable standard will be determined largely by the evidence of other independent practitioners.
As a result of the complexity of medical malpractice claims and the expert evidence that they require, medical malpractice suits are often costly and time consuming endeavours. It is therefore critical to carefully evaluate both the strength and economic reasonableness of the claim prior to starting an action.
If you believe that you have a potential medical malpractice claim, it is important to speak with a lawyer immediately as there are strict time limits for starting a claim.
Waterstone Law Group LLP lawyers have a wealth of experience in handling a variety of complex medical malpractice cases, and with a former registered nurse as part of our litigation team, we are uniquely equipped to assist you in evaluating, assessing and pursuing your medical malpractice claim.