If you've read about medical malpractice cases before getting in touch with a medical malpractice lawyer, you may be dismayed.
It can take six to ten years to come to a final decision on a medical malpractice case, which can include appeals to different levels of court. It's also been discovered that Canada's malpractice judgments and settlements average $4 per capita in 2001, which is far lower than the United Kingdom's $12 per capita and the United States' $16 per capita.
But for many families, reaching out to a medical malpractice lawyer to file a claim is necessary for their loved ones who need around the clock care and assistance for the rest of their lives.
In one case, an Ontario family was awarded more than $10 million for negligence during their daughter's birth, which left her as a non-verbal quadriplegic with cerebral palsy. Their daughter was born with a brain injury due to the lack of oxygen when her shoulder got stuck inside the birth canal after the mother was induced. By the time they freed her 15 minutes later, the damage had already been done.
The judge ruled that the doctors were negligent in their care since there were signs that the mother had a high-risk pregnancy and an obstetric specialist should have been called in.
In another situation, an elderly woman underwent surgery to replace an artificial lens that correct cataracts since her current one was worn out. A few weeks afterwards, she suddenly woke up to extreme pain in her right eye. She would later learn that the surgeon hadn't placed the new lens in the proper position, which led to a slow bleed in her eye and pressure that needed to be relieved. After the incident, she was left blind in that eye.
Mistakes do happen in healthcare and it's estimated that 70,000 patients are seriously injured during treatment, which could have been easily prevented.
If you feel that you healthcare providers have made a mistake in your care, which has led to serious adverse events, get in touch with a medical malpractice lawyer. A medical malpractice lawyer can help you receive the compensation you deserve and we will also work on your behalf to prevent anyone from experiencing a similar situation. Just as in any occupation, healthcare providers need to be held accountable when mistakes are made that greatly affect a person's well-being.
If you feel that you or a loved one have experienced a similar situation, get in touch with a medical malpractice lawyer who can provide a free professional evaluation with no obligation. Hiring the right medical malpractice lawyer makes a huge difference to your case since you want someone who understands both the health and legal aspects of the situation.
If you live in the Milton area, get in touch with a Neinstein medical malpractice lawyer for assistance in your case.
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.