Medical Malpractice Lawyer Brampton
Have you been the victim of medical malpractice in the Brampton area? Contact a Neinstein medical malpractice lawyer today.
Southern Ontario's Golden Horseshoe corridor, which includes the Greater Toronto Area, is Canada's busiest and most populous region. Providing an acceptable quality of life for the nearly 30 percent of Canada's population that calls the Golden Horseshoe home is a daunting undertaking. While Ontario's healthcare system generally does an excellent job of providing care to the region's 8.76 million inhabitants, occasional medical errors are unavoidable when dealing with such a large number of potential patients. In the unfortunate cases where medical malpractice arises, Neinstein's medical malpractice lawyers are here to help.
In cases of medical error or malpractice, it is important for healthcare practitioners to be held responsible for their actions, and for patients to receive the compensation they deserve for their pain and suffering. A 2004 study estimated that 71,995 adverse medical events occurred in Ontario, resulting in between 3,561 and 9,143 deaths. In these situations, medical malpractice lawyers play a vital role in helping victims of malpractice and their families navigate the confusing and often painful waters of a malpractice claim.
Unfortunately, the Brampton area is no stranger to medical errors and preventable injuries. One notable case of medical error in Brampton occurred at the William Osler Health Centre, where a young Port Credit child was left with severe brain damage after doctors mishandled her high fever. The five-month-old's body began to shut down while at the centre, and her heart stopped multiple times. As a result, she is unable to care for herself, and has the mental capacity of someone half her age. She will never be able to work, needs frequent physical and occupational therapy sessions, and is at a constant risk of seizures.
Properly diagnosing a patient is a critical element of good healthcare. Doctors should consider patient history and order appropriate tests and investigations in pursuit of the correct diagnosis. The patient or the patient's family should be made aware of important information during the diagnostic process. Failure to properly diagnose a patient can result in myriad serious injuries, including mental or physical disabilities. Medical malpractice lawyers can help you determine whether you or your family member has been offered an appropriate level of care at any point during the care cycle, including during diagnosis.
Medical malpractice lawsuits in Canada are traditionally difficult to assemble. In order for such a claim to be successful, it is important to consult with a specialized medical malpractice lawyer, who will help you compile evidence and assess the viability of your suit. While Ontarians are lucky to have access to a strong and affordable healthcare system, the province's hospitals, nurses, and doctors are not above error. At Neinstein, our team of highly experienced medical malpractice lawyers are well-versed in the complexities of Ontario's healthcare system, and can help you decide whether a malpractice suit is your best course of action.
In medical malpractice cases, strong evidence must be obtained and preserved quickly. If you believe that you or a family member in the Brampton area has experienced an instance of medical error or malpractice, you should contact Neinstein Medical Malpractice Lawyers today.
The lawyers in our medical malpractice group at Neinstein are part of a winning team that is dedicated to patient safety. Our lawyers are frequently recommended by former clients and by the Lexpert directory.
Duncan Embury leads the medical malpractice team as a top-listed advocate by Lexpert and Best Lawyers Canada in 2020/2021. He is also a recipient of the Lexpert Zenith Award (2010) and the OTLA Distinguished Service Award (2013). All of the medical malpractice lawyers at Neinstein are passionate advocates both inside the courtroom and in the medical-legal community.
Only Charge
When Successful
Medical malpractice occurs when a healthcare practitioner falls below the standard of care and causes injury. We think of these as preventable injuries. Not all injuries or unintended consequences are a result of medical malpractice. It is important to speak with a lawyer and to have your medical records fully reviewed in order to determine whether medical malpractice may have occurred. In most medical malpractice cases, the injury is permanent and often life-altering.
Medical malpractice lawsuits are not designed to punish the wrongdoer. Instead, the lawsuits are focused on compensation. If you or your loved one has experienced a possible medical error resulting in injury, you are not alone. Our specialized team will guide you through every step of the process.
Brain Injury
A brain injury can occur in a variety of ways, and is often devastating. We understand how difficult it is to navigate the consequences of an acquired brain injury. Whether you or your loved one has suffered a stroke, a surgical complication, or any other medical error resulting in brain injury, our team has the knowledge and experience to help victims secure compensation for their future.
Birth Injury
"Birth Injury" refers to injury to infants during pregnancy, labor, delivery, or the post-delivery period. The injury often involves the brain. This can be diagnosed soon after birth, or there may be a delay before it is recognized. Birth injuries can lead to permanent disabilities. If you suspect your child may have suffered a birth injury, it is never too late to call a birth injury lawyer for advice.
Spinal Cord Injury
Spinal cord injury can occur due to various types of medical error. The injury can occur suddenly as a result of a medical or surgical complication, or it may occur over time because of a delay in the diagnosis of an otherwise treatable issue. The impact of a spinal-cord injury can be life-altering. Our team has extensive experience working on behalf of victims of preventable spinal cord injury.
How to Prove Medical Malpractice
To prove medical malpractice, the person starting the lawsuit ("the Plaintiff") must have expert evidence to establish that the healthcare practitioner ("the Defendant") breached a reasonable standard of care and that the breach caused the injury. This is called proving liability. You must also prove that you suffered resulting damages that are recognized by law.
1
Prove Negligence
Our law requires the use of experts in medical malpractice cases. A qualified expert is the only person who can comment on the standard of care, if it was breached, and if it caused an injury. An expert's opinion must be based on the facts of the case, including a review of the medical records.
Having the right expert is extremely important.
2
Substantial Impact
Medical malpractice cases can be very complex. Most medical malpractice cases involve injuries that are serious, permanent, and have had a life-changing impact on the victim.
In Canada, claims for "pain and suffering" are capped. For practical reasons, most medical malpractice cases involve claims beyond pain and suffering. For example, these claims may include loss of income and care-related costs, which are not capped.
Cases We Do Not Deal With
Short Term Injuries
Medical errors and negligence almost always cause some pain and suffering to victims and their families. If the resulting injury is not permanent in nature, a formal lawsuit may not be the appropriate route. In these cases, you may wish to contact the relevant Regulator (for example, the College of Physicians and Surgeons of Ontario), or the Patient Relations department at the hospital, in order to voice your concerns.
Bedside Manner Complaints
Our perception about the quality of healthcare we receive as patients can be dependent on the manner in which it was delivered. If you feel that you were subject to poor bedside manner or even a rude or dismissive attitude, you should contact the Patient Relations department at the hospital in order to voice your concerns.
Strictly Dental Cases
In most circumstances, our lawyers do not act on behalf of victims of dental malpractice.
