Ontarians are fortunate to have access to a world-class comprehensive healthcare system. Our doctors and nurses, and the hospitals they work in, are expected to practice with diligence and provide a reliable, reasonable standard of care. Effective healthcare has a direct impact on Ontarians' quality of life, and doctors are expected to consult patient histories, adhere to healthcare best practices, and keep patients aware of their medical situation and needs.
Even in a well-regulated healthcare system like Ontario's, though, human error can and does occur. For instance, a delayed diagnosis can result in grave health repercussions such as physical or mental disabilities or, in rare cases, death. Instances of medical error or medical negligence can occur at any point in the care cycle, including during operation, during post-op care or monitoring, or due to drug administration errors. Medical malpractice lawyers play an important role in the healthcare system by holding doctor's offices, hospitals, medical clinics, and the healthcare professionals that work in them responsible for their actions.
The Neinstein team of medical malpractice lawyers, led by Duncan Embury's more than 20 years of experience with medical malpractice cases, is capable of handling a wide range of malpractice claims. For instance, strokes or cerebral vascular accidents (CVAs), which occur when brain cells die due to lack of oxygen, are often unavoidable. However, in certain instances risk factors like high blood pressure, atrial fibrillation, or carotid artery disease can and should be treated to reduce the chance of a stroke occurring. Proper stroke prevention and treatment processes are essential to reducing the devastating consequences of a stroke, and some instances where a stroke is misdiagnosed or improperly treated can be considered medical malpractice.
Medical malpractice cases are complicated and difficult to win in Ontario, where physicians are protected by the Canadian Medical Protective Association. To ensure a physician or nurse is held responsible for their mistakes, Neinstein's medical malpractice lawyers are well versed in the intricacies and legalities of the Canadian healthcare system. We can help you assess your claim and determine whether pursuing a medical malpractice case is the best choice for you and your family.
Neinstein's medical malpractice lawyers will guide your case through the legal system, allowing you and your loved ones the time and peace of mind to focus on recovery and healing. Despite the Ontario healthcare system's reputation for providing timely, capable care, instances of medical error and neglect continue to occur, and can cause great grief and pain for both the victims and the victims' families.
With head offices located at 1200 Bay St, Suite 800, in downtown Toronto, Neinstein's is one of the GTA's top-rated personal injury law firms. If you or a family member in the Cornwall area has been injured by medical malpractice, contact Neinstein Medical Malpractice Lawyers today to set up a free, no-obligation consultation. We are proud to provide service to the Cornwall area, and are happy to speak with you to discuss the circumstances of your claim.
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.
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.
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.
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.
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" 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 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.
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.
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.
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.
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.
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.
In most circumstances, our lawyers do not act on behalf of victims of dental malpractice.