During the course of medical treatment, serious injury and death can and frequently do occur in unexpected circumstances. In many cases, the involved doctors, hospitals, nurses and other staff have done their best, and are as unprepared for, and shocked by, the patient outcome as are the victim and his or her family. Nevertheless, the question always remains: did the treatment provided by the health care professionals meet the appropriate and reasonable standard of care and competency that the patient was entitled to?
The standard of care required of a medical practitioner has been long-established, and is stated by Lord Hewart C.J. in R. v. Batement (1925), 41 T.L.R. 557 at p.559:
If a person holds himself or herself out as possessing special skill and knowledge and he or she is consulted as possessing such skill and knowledge, by or on behalf of a patient, he/she owes a duty to the patient to use due caution in undertaking the treatment. If he/she accepts the responsibility and undertakes the treatment and the patient submits to his/her direction and treatment accordingly, he/she owes a duty to the patient to use diligence, care, knowledge, skill and caution in administering the treatment... The law requires a fair and reasonable standard of care and competence.
There is also a second question: did professional negligence cause the injury or death? This too requires the professional opinion of someone other than a lawyer, who cannot tell you whether or not there has been professional negligence in the course of treatment and care.
Gillis Injury Law has a number of consulting physicians, specialists and other health care professionals on retainer who can be relied upon to provide clear and helpful analysis and opinions on these two basic and critical issues. Our comprehensive initial consultation in this area enables their investigations to proceed.
You have limited time to commence proceedings against a health care professional -- as little as one year from the date of treatment. Even shorter limitation periods may apply in special circumstances. Legislation regarding limitation periods has undergone significant statutory changes, and it is crucial that you retain a lawyer at the earliest opportunity in order to avoid your case from becoming statute-barred because of lack of time. Our initial consultation is provided on a no fees basis in order to facilitate important and necessary investigations, and to commence proceedings. Please contact us for an appointment with one of our medical malpractice lawyers in Richmond Hill.