There are countless myths and misconceptions that you will learn about medical malpractice cases and a medical malpractice lawyer. Below are five of the most unbelievable myths that you can look into and be shocked.
- Doctors are too powerful to be sued
It is no lie, which for you to successfully sue a doctor is no easy task. But that does not mean that it is an impossible task to achieve. In Canada, you will notice that the Canadian Medical Protective Association covers most of the doctors. This is a very sophisticated and also well-resourced organization. The CMPA has billions of dollars in its reserves waiting to protect and cover any of the doctors under it of any medical malpractice claim filed against them. The association’s financial assets are in the higher $2.5 billion, and it currently covers about 86,000 doctors. What the CMPA does is to cover for any defense costs incurred by any of its member doctors like the expert fees, lawyer fees, and other expenses altogether.
It is, thus critical that you find qualified attorneys to handle your case and can prove that the defendant was indeed guilty of neglecting to handle you in the proper manner that was required which led to your injuries.
- All doctors stick together
There may be some little truth to this aspect as you will rarely find one physician testifying against a fellow physician.
You can overcome this challenge as well. The best thing you need to do is find yourself an experienced attorney in this field who can find credible and objective witness experts that will readily testify in your favor if your case has ground and id genuine.
- Damages for all pain and suffering caused are usually in the millions
The compensation that you will get as a result of medical malpractice done by a doctor in Canada has been significantly limited in the country by Canada’s Supreme Court. The Supreme Court made a verdict in 1978 that the maximum amount that any plaintiff could receive as a result of “pain and suffering” caused by the doctors would be $100,000. This amount was, however, revised and increased to about $350,000 as a result of inflation in the country. You need to understand that this limit doesn’t apply to any of the other categories of damages that you had incurred as a result of the medical malpractice like the cost of care. These are the cases where you may be lucky and fall on a compensation in the millions.
- I don’t have anything to lose if I start a lawsuit
This is not true. The CMPA works to protect its member’s doctor’s reputation and professional integrity. It will, thus, use all its available resources to defend any case filed its members. The CMPA will never agree to settle any lawsuit unless the plaintiff can prove that the injuries suffered were as a result of its member doctor’s negligence. Without being able to prove this, you are only testing waters. Statistics show that over 60% of all the lawsuits that are filed against doctors in Canada are unsuccessful, and 86% of the lawsuits that manage to go to trial fail. This means that the plaintiff is the one who always ends up hurting most of the time as you will be the one guaranteeing the fees of your attorney and that of the defendant’s physician and disbursements.
- You will get some compensation if your family member dies as a result of a medical malpractice
Your family member may have died at the hands of a doctor who was treating him/her, but that does not qualify you to file a lawsuit and in turn, win some compensation. Unless the diseased family member was the breadwinner of the family, and or used to provide sufficient support to the family, it is unlikely that you will win your case.
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