Many healthcare workers try to ensure that the patients they care for are properly treated and well cared for. But when the hospital becomes busy or there are not enough people to monitor all the patient's conditions, this can affect the quality of care a patient receives, which can leave a lasting effect on their lives.
If you're in the Etobicoke region and you or someone you care about have seen their lives changed after an incident at a hospital or healthcare institution, contact a medical malpractice lawyer to learn more about the possibility of filing a medical malpractice claim.
Medical professionals must do everything they can to provide a certain standard of care and if they fail to do so, this can be seen as neglect on the behalf of the employee and the hospital. Some issues can include mistakenly operating on the wrong body site, failing to take the right action in treating a condition or misdiagnosing the ailment. All of these have consequences, such as a person enduring pain and symptoms over a long period of time or a patient receiving the inappropriate course of treatment, which could lead to adverse effects.
While physicians make mistakes like everyone else, it's important that they did everything they could to ensure quality health care, whether it's spending enough time with the patient to gather details about the problem or following a checklist to ensure that all procedural steps have been followed during a surgery.
Also, it's expected that during treatment, physicians are always upfront with patients about the options available to them. It's their duty to fully disclose what they know to patients about their condition, which includes all "special or unusual" material risks a patient could suffer as a result of a procedure. Any likely risks need to be disclosed and even if a risk isn't very likely, if it would result in a severe issues, such as paralysis or death, patients need to be told about this as well. Also, if patients have raised concerns about a procedure, it's the physician's duty to address it when disclosing information. Doctors must receive consent from the patient before proceeding. Communication is key in the relationship between a physician and a patient and this role needs to be fulfilled by the healthcare worker. If you feel you were not properly consulted in deciding your care options, contact a medical malpractice lawyer who can help you assess the situation.
A medical malpractice lawyer can help you better understand what may have gone wrong during your procedure. Neinstein's medical malpractice lawyers will work hard to ensure you receive the best result possible that will help you plan for your future. Our medical malpractice lawyers will strongly advocate on your behalf, but they also realize this is a trying time for you and your family and they will treat your case with compassion or in a way they'd like someone handling the case of their loved one. Our medical malpractice lawyers have access to a wealth of rehabilitation and healthcare specialists who will work hard to help you move forward in your recovery.
If you live in Etobicoke, get in touch with a medical malpractice lawyer as soon as possible to determine next steps with a free, no-obligation consultation.
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 1-866-374-7916 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.
Injury to the brain 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 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 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 us 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.
In most circumstances, our lawyers do not act on behalf of victims of dental malpractice.