Canadian hospitals are busy, anxious places. Thanks to our country's universal healthcare access, hospitals treat a wide range of illnesses and injuries, ranging in severity from minor to life-threatening. When Canadians enter a healthcare facility, be it a hospital, family doctor's office, or clinic, they expect a high, reliable standard of care from their physicians. Patients place a great deal of trust in their healthcare providers, and expect their doctors to consider patient histories, run appropriate tests, and diagnose illnesses in a timely manner. Doctors have a responsibility to keep patients apprised of their medical situation; to disclose any material, special, or unusual risks associated with a procedure; and to answer any questions or concerns the patient may have. If an operation or other procedure is deemed necessary, patients expect that it will be handled in a safe, sanitary manner by qualified doctors, and that they will be monitored and looked after before, during, and after their operation.
In the event that a patient receives a less-than-desirable standard of care, a medical malpractice claim may be appropriate, in which case a medical malpractice lawyer should be immediately contacted. Medical errors like delayed or improper diagnoses, improper administration of medication, or surgical negligence can cause irreparable damage to a patient's health. Permanent brain damage, chronic pain, physical disability, or even death are all potential outcomes of a serious medical error.
According to the 2004 Canadian Adverse Events Study, as many as 24,000 patients die each year due to adverse events in Canada. However, only about 1000 legal actions per year are commenced against doctors, less than half of which are settled. Filing a medical malpractice claim is a complicated, time consuming, and risky process, and because Canada has no national standards or policies regarding the disclosure of medical errors, patients often don't know they have been victims of medical malpractice. If you or a family member has been injured as a result of medical malpractice or negligence, you should consult with a medical malpractice lawyer immediately.
Physicians in Canada are protected by the Canadian Medical Protective Association (CMPA), which uses its financial power to defeat most malpractice claims. Each medical malpractice lawyer has a specialized understanding of the healthcare system, and the legalities surrounding healthcare standards in Canada. They work to ensure that healthcare professionals are held responsible for adverse events and instances of malpractice, a role which is becoming increasingly important as the Canadian population ages.
A medical malpractice lawyer is experienced in dealing with not only the CMPA, but also with victims and victims' families. They help patients understand whether a malpractice claim is well founded. At Neinstein, our team of committed medical malpractice lawyers has experience with obstetrical malpractice cases, surgical malpractice cases, brain injury and stroke cases, hospital and nursing errors, and misdiagnosis and delayed diagnosis cases.
If you live in Georgetown and believe that you or a loved one has grounds for a medical malpractice suit, you should contact a medical malpractice lawyer at Neinstein today - we serve your area. In all medical malpractice suits, time is of the essence; call 1-866-798-6675 right now to set up a free, no-obligation consultation with Neinstein.
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.