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Medical Malpractice Lawyer Burlington

Burlington residents looking to file a medical malpractice claim can get assistance from Neinstein's medical malpractice lawyers.

Our healthcare system treats millions of patients each year and while many Canadians are cured of illnesses or receive treatment that helps them recover from an injury, there are mistakes that continue to be made in healthcare institutions which lead to some serious adverse events.

There are about 70,000 patients each year who are seriously injured from adverse events during a treatment that could have been prevented, according to an investigation by the National Post. Also, in a 2004 study, it was estimated that there were about 72,000 adverse events in Ontario, which led to between 3,500 to 9,000 deaths, but there were only 29 adverse events and six deaths reported in 2013.

Sometimes issues are not the fault of the doctor or nurse, but rather a faulty medical device that is linked to many serious injuries each year. But healthcare institutions don't have protocols in place or public documentation to detail these incidents, according the the Post.

A medical malpractice lawyer plays a crucial role in ensuring that there are consequences for these mistaken actions. A health mistake can lead to a serious health issue that can affect a person's quality of life forever. Many victims may require care for the rest of their lives, which may be a result of physical or mental disabilities caused by mistakes made in the operating room, during post-op care or from drug errors.

Neinstein's medical malpractice lawyers are specialists in this field, which requires an understanding of medical care and the legal sphere. Our medical malpractice lawyers boast a wealth of experience and while we represent you on legal matters, we also have a rolodex of reliable healthcare professionals who can assist you with your recovery. We understand that you and your loved ones are facing difficulties and we want you to receive the best care while our medical malpractice lawyers advocate on your behalf.

There are any number of issues that can occur while being cared for at a hospital, such as birthing injuries, acquired brain injuries, various strokes (such as perinatal, ischemic, hemorrhagic), mistakes made during surgery (such as bowel obstruction, shunt complications or anaesthesiology) or improper monitoring before, during and after the surgery.

Whenever we visit a hospital or a doctor's office, Canadians should be able to expect a certain standard of care. If you feel that your healthcare provider has failed to provide this service to you or your loved one, get in touch with a medical malpractice lawyer as soon as possible to get advice on your situation.

Neinstein Medical Malpractice Lawyers offers a free consultation with no obligation. If you live in the Burlington region and believe that you or your loved one has a case of medical malpractice or medical negligence, our medical malpractice lawyers will be happy to assist you.


Highly Recommended

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.

In Compensation*


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Contact a Neinstein medical malpractice lawyer today to schedule your free consultation at no obligation to you. If you or someone you love has suffered from the effects of medical malpractice, let our experience work for you.


Free Consultation
& We Go To You

If you or someone you love has suffered from the effects of medical malpractice, a lawyer at Neinstein LLP can help. Our medical negligence specialists will fight for your rights and the protection of your family when it is needed the most. Let our experience work for you.

Call 1-866-798-6723 or complete our online contact form to schedule your free consultation at no continuing obligation to you. We respect your privacy: your contact information and case details will always be kept in the strictest confidence.


Where We Can Help

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.


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.


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.