Barbara MacFarlane discusses what you need to know about a medical malpractice lawsuite as part of the Torkin Manes LegalPoint Video Series.

Sometimes people can be injured because of medical errors. When mistakes happen you are entitled to hold the healthcare professional accountable. Every case is different, but a medical malpractice lawsuit may be an option for you. Let me explain what is involved in medical malpractice.

To be successful you have to show that a doctor or other health care provider fell below the standard of care expected during the medical treatment. You also have to show that the conduct caused an injury and that you suffered losses. Injuries, of course could include the loss of a family member.

In law, it is not enough to show that a bad outcome happened. What you have to prove is that proper care was not provided and that it caused an injury with resulting losses. 

To establish whether a medical professional fell below the standard of care a full review of the medical records is necessary to see if there was a medical mistake.

Proving an injury was caused by a medical mistake can be difficult for various reasons. For example, often the patient has an underlying medical condition which complicates this question. Really, what you have to show is that with proper care you would have recovered from your medical condition which was being treated.

Because of the complex medical issues involved in these cases, it is important get opinions of medical experts.

If a medical expert agrees that the medical professional's conduct fell below the standard of care expected and that it caused an injury, a Court could award damages for any losses arising out of the injuries. 

For example, you could seek reimbursement of any medical expenses or the cost of care needs that you have.  Or it could be for income that you lost because you have been unable to work now or in the future.  There may also be losses relating to the injuries suffered by a family member.  It could include income you might have shared with a spouse or a parent.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.