Medical Malpractice
Lawyers Kingston

Neinstein's medical malpractice lawyers can help Kingston residents pursuing a medical malpractice claim.

Many industries are facing changes with new technology being introduced into workplaces. Healthcare is no different with doctors and nurses needing to adapt to new surgical equipment or innovations to test and treat diseases and illnesses.

A refractionist, an optometrist who specializes in in refractions in the eye, with offices in Kingston, Napanee and Picton was found guilty of medical malpractice by the College of Physicians and Surgeons of Ontario disciplinary committee, according to the Kingston Whig-Standard.

During the misconduct case, it was discovered that the 74-year-old doctor didn't use current technology to measure the amount of fluid in the eye, but rather chose to use his finger. An anonymous expert ophthalmologist said the refractionist's method had been discredited over the last century.

"Dr. Wales' care of these patients demonstrates a lack of knowledge, skill and judgment of such a nature and to an extent that he is unfit to continue to practise or that his practice should be restricted," said the decision. "The deficiencies he displays are current. Accordingly, the committee finds Dr. Wales incompetent."

While doctors feel comfortable performing older medical tests or treatments that were taught in medical school, similar to any professional, they should be constantly updating their skills. Technology and research is always advancing and in many cases, these new innovations assist physicians in their work; however, there is sometimes a risk associated with the use of new technologies.

Health care institutions need to ensure that healthcare workers are using it the technology appropriately and that they have enough practice on it to feel comfortable.

Many hospitals in the US have adopted the da Vinci surgical system, which Canadian hospitals have been slower to accept. But recent studies found that one issue with the minimally invasive robotic surgical system is that there's no standard of hours to ensure that doctors are well versed in its use before performing surgery. Not enough practice can lead to surgical errors, which regardless of the method can lead to devastating consequences for patients, which could greatly impact their quality of life.

Medical malpractice lawyers pursue justice on the victims' behalf. In many medical malpractice cases, a victim's injury is through no fault of their own and a medical malpractice lawyer can help them pursue a claim. It's important that healthcare professionals are held accountable for their actions and with the expertise of a medical malpractice lawyer that can be done.

Neinstein medical malpractice lawyers have years of experience in handling a wide range of medical malpractice cases. You want a medical malpractice lawyer handling your case since they're well versed in both the medical and legal fields.

If you don't know who to turn to, contact one of Neinstein Personal Injury Lawyers' medical malpractice lawyers for a free consultation. There will be no obligations when you come in and you'll have access to a medical malpractice lawyer who will assess your situation and inform you of 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.