Regardless of where in Ontario you reside, be it Toronto or North Bay, when you enter a medical institution you have a right to expect a high standard of care from your physician. Doctors, nurses, midwives, and other medical professionals are expected to offer their patients excellent treatment throughout the care cycle, from intake to discharge. If a medical practitioner causes an injury by failing to act with a reasonable level of care at any point during your hospital stay, including diagnosis, testing, surgery, postoperative care, or medication distribution, you may have grounds for a medical malpractice lawsuit. These types of medical errors can have serious repercussions to patients' health, including long-term disability or, in some cases, death. If you or a loved one living in the North Bay area has been injured by medical malpractice or negligence, you should contact a medical malpractice lawyer at Neinstein immediately.
In the Canadian healthcare system, physicians are protected from malpractice claims by the Canadian Medical Protective Agency (CMPA). This group hires top lawyers to defend doctors against both warranted and warranted lawsuits. The CMPA's deep pockets make medical malpractice suits historically complex, expensive, and time-consuming to prosecute. While doctors absolutely have the right to defend themselves, it is the role of a medical malpractice lawyer to hold healthcare professionals accountable for any actions which may have injured a patient. Doctors have a responsibility to consider patients' medical histories; to administer appropriate tests and to interpret the tests correctly; to make patients aware of their medical situation and of any risks associated with potential treatments; to answer patients' worries and concerns; and to perform any surgical procedures in a safe, sanitary and responsible manner. These steps contribute to patients' proper diagnosis and treatment, and can have a positive impact on chances of survival and recovery.
When physicians fail in their duties, however, patients' lives are put at risk. When the worst occurs, a medical malpractice lawyer can help you assess your case against a nurse, doctor, midwife, or hospital to determine whether pursuing legal action is your best option. These specialized lawyers have a unique skill set that combines courtroom prowess, an understanding of the Ontario healthcare system and the legalities surrounding it, and experience working with the victims of medical malpractice and their families. Neinstein's medical malpractice lawyers understand the pain and suffering that can be caused by a severe medical injury, and are here to guide your claim through the legal system while you and your family focus on the recovery process.
Duncan Embury is Neinstein's most experienced medical malpractice lawyer with over 20 years of experience. He leads the the medical malpractice team of Daniela Pacheco, Pinta Maguire, and Rose Leto, each of whom will fight to ensure you and your family receive the deserved compensation for your injuries.
Neinstein Medical Malpractice Lawyers' head office is located at 1200 Bay St, Suite 800, in downtown Toronto. If you live in North Bay and believe that you or a member of your family has suffered an injury as a result of medical malpractice, call 1-866-798-6675 to set up a free, no-obligation consultation with a medical malpractice lawyer today.
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 1-866-798-6723 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.
A brain injury 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 a 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 to 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 a birth injury lawyer 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.
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.
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.
In most circumstances, our lawyers do not act on behalf of victims of dental malpractice.