Medical Malpractice
Lawyers Hamilton

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

As Canada's population ages and patient safety is touted as an important part of our healthcare system. Many people learn from mistakes, but for doctors, nurses and surgeons, those mishaps can have devastating consequences to a person's life. For example, if a surgical team forgets to remove a sponge from a person's body, they may either feel nothing or it can cause them severe pain and restrict their movements or lead to an infection. One such case occurred to a Mississauga mother when a sponge was left in her body after a childbirth. The sponge left the mother suffering from unbearable pain that made it difficult to walk. The mother discovered the issue after prescribed antibiotics wasn't easing her pain or the stench from her infected area.

Unfortunately, this mistake is common in Canadian hospitals with the country having the third highest rate of foreign materials (8.6 patients per 100,000 hospital discharges) left inside a patient after surgery among other international developed nations, according to the OECD's Health at a Glance report. Canada only places behind New Zealand, Switzerland and is above the OECD average of five patients per 100,000 hospital discharges.

Doctors and nurses are supposed to follow a checklist to before and after surgery to ensure issues like this don't occur, but the most common reasons that lead to this situation are emergencies, unplanned changes to the surgical procedure, patient obesity and switches made to the surgical team. If you suspect this may have occurred to you, a medical malpractice lawyer can assess your situation and advise you on next steps.

Getting in touch with a medical malpractice lawyer is crucial to acquiring a better understanding of the event since they're knowledgeable in healthcare procedures and the legal proceedings. Neinstein's medical malpractice lawyers are not only concerned about advocating for you, but we feel it's important that while we prepare your case, you are also receiving the best care possible to help you adapt to your current situation. Our medical malpractice lawyers can put you in touch with reliable health professionals to assist you with your recovery.

A medical malpractice lawyer acts as a check in our healthcare system to ensure that quality care is being provided to patients. Canadians' taxes go towards covering the cost of our nation's healthcare and while it's understandable that healthcare professionals can make mistakes, they must do everything possible to ensure that patients receive a certain standard of care.

If you live in Hamilton and you think an event that's happened to you or a loved one is a case of medical malpractice, contact one of Neinstein's medical malpractice lawyers. Our medical malpractice lawyers will provide a free, no obligation consultation which only benefits you since you can acquire professional insight into how you should tackle your situation.

 

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.