Medical Malpractice
Lawyer Markham

Neinstein's team of medical malpractice lawyers can represent any Markham resident who suspects they were a victim of medical malpractice.

When mothers give birth, vaginal delivery is the typical method of delivery. This is a natural method where expecting mothers wait until their cervix dilates, which is when it becomes soft and opens up, by 10 centimetres.

Once this occurs, mothers will be told by their healthcare provider, whether it's a doctor or a doula, to push the baby out. If all goes well, after a few hours you'll be able to hold your new baby.

But everything doesn't always go according to plan. In some scenarios, doctors may decide to perform a Caesarean section, otherwise known as a C-section. While a C-section may be necessary to prevent injuries to the mother or the newborn, recent research shows the procedure comes with its own set of hazards and risks.

Babies born through a C-section may face an increased risk of developing chronic diseases, such as asthma, diabetes and obesity, according to a recent study published in the British Medical Journal. While it's unable to prove whether this type of surgery causes these issues later on in a person's life, the study's results may be a cause for concern.

There's been a rising rate of C-sections around the world, including in Canada. The World Health Organization set a limit for C-section deliveries which should be between ten to 15 per cent of all deliveries, but many nations, including Australia, Italy and the United States conduct C-sections more than double the recommended limit.

In Ontario, the C-section rate in 2012 was 27.2 per cent, which rose from 18.7 per cent in 1997, according to the Canadian Institute for Health Information. The Markham Stouffville Hospital had a C-section rate of 29 per cent before the department focused on reducing its rate, according to CBC News.

Some mothers may be advised to deliver by C-section, if they did so in the past, and mothers may also request the procedure, but research continues into the long-term consequences, if there are any, related to C-sections.

Both the mother and the newborn are vulnerable while giving birth, which could lead to serious health consequences. A medical malpractice lawyer can work on your behalf to ensure your family receives the compensation needed to help care for your loved ones.

The right medical malpractice lawyer will have years of experience, but they will also be compassionate towards your situation. Neinstein's medical malpractice lawyers are renown for their legal knowledge and they treat each case as if it was for a family member. Our medical malpractice lawyers want victims to have the best legal representation possible, while ensuring they're being well cared for.

If you are unsure of how to handle your situation, contact one of our medical malpractice lawyers for a no-fee, no-obligation consultation. Our medical malpractice lawyers are always happy to help you assess your situation and figure out possible next steps. You want one of our medical malpractice lawyers by your side as you figure out 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.