The Role Of Experts Who Assist With The Evidence in A Case Of Negligence In Childbirth.

The lawyer in a negligence case has to have an ability to understand what the doctors are saying, but it will never be the lawyer’s evidence that determines whether a doctor has not met an appropriate standard of care.

Experts are required.

I call on obstetricians, active and semi-retired, who were department heads of major downtown hospitals. I ask them to review all the medical records of the treating obstetrician if appropriate, or more likely, the hospital records, the nurses’ notes and all the documents relating to the hospital stay. The experts review these and give me an opinion as to whether an appropriate standard of care was met and whether the results, which were substandard in terms of the health of the mother perhaps or the baby, are connected to the substandard care.

I don’t want to sue doctors and hospitals inappropriately. The cost of litigation can be enormous. The risks are enormous, too, because these claims will be vigorously defended in any malpractice claim against a doctor or hospital in Ontario. That doesn’t mean you shouldn’t make a claim, but it does mean you should only be making appropriate claims and advising clients or potential clients appropriately based on the medical evidence and the best opinion you can get.

Everyone involved has to act responsibly when reviewing a bad result. I always try to have medical experts look over the evidence and give me a very candid opinion as to what they think happened, what the doctor’s notes mean, how they should be translated reasonably and whether the care was appropriate.

If you, or someone you care about, is dealing with Personal injury law issues in the Toronto, Ontario Region, contact Tkatch & Associates

This article is taken from a May 27, 2008 interview with Murray Tkatch, LL.B., Personal Injury Lawyer with Toronto Personal Injury Lawyer in Toronto, a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.