Medical Malpractice: How do you know if you have a case?

By Carol Robinson

At Robinson LLP, we carefully investigate the viability of a lawsuit before giving advice that you should march ahead with it. In order for you to be successful with a lawsuit, you first have to show that you were treated in a manner that was negligent or below the standard of care required for the type of treatment dispensed. Once you have shown that your treatment was substandard, you also have to prove that this lack of care actually caused your ongoing problems/disability. For example, even though your family physician may ignore your symptoms and fail to diagnose a cancer, if that cancer is discovered and diagnosed a short while later, the outcome may be the same. It might not have made a difference to your health that the diagnosis was delayed. In this instance, you would have no damages resulting from the negligence of the family physician.


Prior to giving a recommendation to take legal action, we obtain your medical records and have an expert review them in order to give us an opinion as to whether there has been negligence AND whether that negligence resulted in a negative outcome. We need this information to be able to give you solid advice to proceed. This step will also help form a solid foundation for your medical malpractice lawsuit as a whole.

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