When a patient visits a hospital in Ontario, they are entitled to a certain standard of care. Unfortunately, this standard isn’t always delivered. Ontario’s hospital workers are under enormous strain: facilities are overcrowded, the province’s population is rapidly aging, and the spectre of the novel coronavirus COVID-19 is looming. Despite these difficult circumstances, patients who are injured as a result of medical malpractice have the right to pursue compensation, and an experienced hospital error lawyer can help.

Examples of Hospital Malpractice

Most instances of malpractice involve the negligence, error or omission of a physician. Examples include surgical errors, diagnostic errors (misdiagnosis or delayed diagnosis), and obstetrical errors. Whenever these issues occur in a hospital setting, a hospital error lawyer can help.

However, hospital errors may also include negligent acts committed by nurses, support staff, and healthcare institutions. Many medical malpractice claims allege wrongdoing not only by physicians, but also by anesthesiologists, operating room staff, hospital maintenance workers, pharmacists, and others.

Examples of medical errors that do not relate to the actions of a physician include failure to monitor vulnerable patients; failure to provide prescribed medication; failure to maintain a clean and sanitary environment; and a range of other negligent acts.

When is a Hospital Error Medical Malpractice?

Plaintiff-side medical malpractice cases in Canada are extremely challenging, even for the most seasoned medical malpractice lawyer. In order for a claim to be successful, the plaintiff must prove the following:

  • That they were owed a duty of care by the defendant medical practitioner or healthcare facility
  • That the defendant failed to provide an appropriate standard of care
  • That the plaintiff incurred damages
  • That the failure to provide the appropriate standard of care was the proximate cause of the damages
  • And that the damages were the reasonably foreseeable result of the failure.

Despite this lofty burden of proof, medical malpractice lawsuits are sometimes necessary. Victims of medical injuries often face long, expensive roads to recovery; compensation earned through a medical malpractice claim can help fund that recovery and provide financial relief for the victim and their family.

Contact Neinstein Personal Injury Lawyers Today 

If you or a member of your family has been injured in a medical setting, contact Neinstein Personal Injury Lawyers today to schedule a free, no-obligation consultation with an experienced hospital error lawyer. Our team can explain your legal options and provide guidance and advice throughout the recovery process.


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Greg Neinstein