Medical Malpractice
Lawyer Guelph

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

Canada's healthcare system is lauded by many residents for offering "free" healthcare to all residents. Access is an important part to ensuring that all Canadians can reach out for help when needed, but the quality of care patients receive is an important to our well-being.

In 2013 to 2014, there were 2.9 million inpatient hospitalizations in Canada with a hospitalization rate of 7,596 per 100,000 people, according to the Canadian Institute for Health Information (CIHI). Patients stayed for an average of seven days.

Hospital patients were most likely to be admitted for giving birth with patient staying at the hospital for 2.3 days. Other common reasons for hospitalizations include respiratory disease, heart attacks, heart failure or osteoarthritis of the knee. Patients coming in for these stays had average hospital stays ranging from 4.1 to 9.2 days.

With many Canadians visiting hospitals to give birth, it's no surprise that the most common surgery performed was a Caesarean section, which led to hospital stays for 3.3 days. Other likely reasons for surgery included knee replacement surgery, fractures, coronary artery angioplasty and hip replacement surgery that had hospital stays of 4.3 to 9.3 days.

While births are the most common reason for Canadians to visit hospitals, this could soon change with the rate of hospital births dropping over the last few years. In 2009 to 2010, there were 112 births per 10,000 people, while in 2013 to 2014, there were 106 births per 10,000 people.

But as more women give birth later on in life, the rate of C-section procedures may continue to rise. Women giving birth who were 35 years and older were more likely to have a C-section with a 22.9 per cent chance compared to younger women, who had a 17.2 per cent chance. C-section rates in hospitals have risen over the years, but research may suggest it could lead to the child facing a greater risk of developing chronic health issues.

A medical malpractice lawyer is a part of our legal system to ensure that patients have access to good quality healthcare. A medical malpractice lawyer will advocate on a patient's behalf to hold hospitals and their staff accountable to mistakes that have drastically affected a patient's well-being and quality of life.

Neinstein Personal Injury Lawyers' medical malpractice lawyers diligently work for our clients to assist them in receiving proper compensation. In many cases of medical malpractice, our clients are faced with health issues that may require around the clock care. Our medical malpractice lawyers are knowledgeable in understanding the medical procedures and the legalities surrounding a patient's care.

From our medical malpractice lawyers years of experience, they are also familiar with many good healthcare professionals who can assist you in your recovery.

If you live in the Guelph region and don't know who to trust, contact one of Neinstein's medical malpractice lawyers who will guide you through your next steps. Our medical malpractice lawyers offer a free consultation, with no obligation, to discuss your options.

 

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.

 
50
Years
$100M+
In Compensation*
16
Lawyers

 

Only Charge
When Successful

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 1-866-374-7916 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.

 

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

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

"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

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.