As Canadians, we are lucky to have access to an affordable, world-class healthcare system. Our hospitals, doctors, and nurses are obligated to practice with due diligence and provide an acceptable, reliable level of service. This includes consulting patient histories, adhering to industry best practices, keeping patients well informed, and helping them to understand their healthcare needs. Effective healthcare has a direct impact on Canadians' quality of life.
However, our healthcare framework cannot protect patients against all hospital or nursing errors. Improper or delayed diagnoses, for instance, can result in serious health repercussions, including the development of physical or mental disabilities, or even death. An instance of medical malpractice can occur during any part of the care cycle, including in the operating room, during post-operation care, or from errors in drug administration. The role of a medical malpractice lawyer is to ensure that Canadians receive appropriate care each time they visit a hospital, doctor's office, or medical clinic.
Neinstein's team of medical malpractice lawyers - led by Duncan Embury, head of the Medical Malpractice Group, who has more than 20 years of experience in handling medical malpractice cases - is well-versed in a wide range of malpractice claims. Surgical malpractice, for example, may involve an error as obvious as forgetting to remove a sponge before closing up or injuring an organ during the operation. More subtle errors, including failing to operate in a timely manner or subsequent failure of anastomosis can also result in dangerous illness. In either case, an acceptable standard of care has not been provided, and the patient may have grounds for a malpractice claim.
Birthing injuries, acquired brain injuries, cardiac arrest, sepsis, various forms of cancer, and medication or nursing errors may also leave a hospital or medical practitioner liable.
Medical malpractice cases are complex in nature. In order to ensure that there are consequences for mistakes made in the medical profession, a specialized medical malpractice lawyer is required to bring forward a malpractice claim. Medical malpractice lawyers have a strong understanding of healthcare standards, and can help you assess whether the situation that you or a loved one has experienced has a foundation for a claim.
A medical malpractice lawyer can also guide a malpractice case through the legal system, allowing you and your family the peace of mind to begin the recovery or healing process. Although Ontario's healthcare systems generally provide excellent coverage for all variety of illnesses and injuries, negligent care resultant in serious injury, disability, or death can cause significant grief and trauma for effected patients and their families.
Neinstein's head office is located in downtown Toronto at 1200 Bay St, Suite 800. If you are a resident of Newmarket or the surrounding area and believe you or a family member has been harmed by medical malpractice, contact a medical malpractice lawyer at Neinstein; we provide service to your area. A member of our team would be happy to set up a free, no obligation consultation with a medical malpractice lawyer to determine the potential of 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.