When death results from a negligence of a medical practitioner, filing a claim will be very complicated. The law may appear to be unjust in some cases when it evaluates compensation claims, especially when someone’s life is lost due to clinical negligence. You will feel disappointed and dismayed by the legal system and the medical practice. You will feel confused, you do not know what to do or where to start in filing your death caused by negligence claim. You need a lawyer to assist you because you won’t even know what you are after. Would it be an explanation why it happened, or an apology from the people concerned? Or are you after financial compensation? Whatever you are after, your lawyer will guide you in what actions to make.
Proving clinical negligence resulting in death is very complicated and complex. There are so many issues you have to prove. Let me present to you a situation, where you will see these issues at play. A Woman is diagnosed as having a malignant cancer on her right breast. After a series of x-rays, CT scan, ultrasound and laboratories, the obstetrician-gynecologist recommends for a mastectomy. At the operating room, the woman shares with the nurses her fear of the procedure. When everything is read, the anesthesiologist starts the procedure to anesthetize her by inserting a tube into her tube so that the machine can do the breathing for her. Suddenly the woman stops breathing and dies.
From this situation we will see that there are many people involved in the procedure, the Ob-gene, the anesthesiologist and the nurses. The issue to be proven here is who is at fault? Who was negligent? What evidence will prove the negligence? You will have to secure the clinical records to see whether her blood pressure rose during the procedure because of her fear. You have to get hold of all x-ray films, CT scan and ultrasound negatives and even laboratory results. Practically you are putting the negligence on almost all of the hospital staff present in the operating room. And the hospital will be careful in providing you with these documents, to protect their own staff, you will be needing a court order to secure them.
If you are only after an explanation or an apology, your lawyer can easily get that for you as he sits down with the negotiating panel of the hospital. But if you are after financial compensation, your lawyer has a hard task before him. But if he is a good car accident lawyer in Calgary, he is knowledgeable to do all that, even if it involves voluminous documents and lots of research and studying.
It is advisable to get a law firm to represent you and assist you. Law firms have their own resources and most probably they have a copy of the different jurisprudence which can be used in fighting for your claim. They have their own staff to do all the researching, securing of documents and even the legwork of your claim. So, find the best car accident lawyer in Calgary to file the death caused by negligence claim.