It is truly unfortunate to read about medical malpractice claims in the news since when we visit a hospital or a doctor's office, we always hope and expect that our doctors and nurses are doing everything in their power to ensure we are properly cared for.
But they do occur. When you read about it in the media, many claims handled by medical malpractice lawyers seem to offer substantial payouts. But the reality is that many of these victims are no longer able to independently care for themselves and will require around the clock care, which leads to costs quickly adding up. There's also a chance that they will never be able to care for themselves due to severe health issues such as a brain injury or a stroke, which severely impacts their lifestyle.
An example of this is a case where a young single mother was left a paraplegic and paralyzed from the neck down. In 2008, the mother suffered severe headaches which left her numb, suffering from dizziness and the inability to coherently talk. She was taken to the Hanover hospital by a friend, but after the doctor's treatment didn't result in any improvements she was transferred to the London hospital. Two days after her headaches, she suffered a stroke that resulted in her current condition.
In 2014, a judge ruled in favour of the victim and the doctor who was responsible for her initial treatment was ordered to pay $15 million in damages. The judge ruled that the doctor misdiagnosis of the victim's symptoms and the prescribed treatment to lower her blood pressure led to a blood clot that resulted in a stroke.
The victim, who was a bank employee, is no longer able to work or care for her young child and the damage awarded from this case will be directed towards covering her loss of income and her continuing care.
Many families and victims may be unsure who to turn to during this difficult and unexpected time. Many of us put a great deal of trust in our healthcare system and many victims are unsure of possible next steps. This is where Neinstein's medical malpractice lawyers can assist you, if you live in the London region.
The right medical malpractice lawyer will tirelessly advocate behalf no matter the length of the case. Meanwhile, Neinstein's medical malpractice lawyers also have access to many reputable and knowledgeable healthcare professionals to assist you during your recovery. Our medical malpractice lawyers treat your cases as we would for one of our family.
If you feel that an incident you or a loved one has experienced could be grounds for medical malpractice claim, contact one of our medical malpractice lawyers to hear about your options in a free, no obligation consultation. Our medical malpractice lawyers work hard to ensure that our health care sector is taking good care of Canadians, which is something all residents deserve.
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.