Medical Malpractice Lawyer North York
If you live in North York, Neinstein's medical malpractice lawyers can assist you if you or a loved one are pursuing a medical malpractice claim.
A new addition to the family is an exciting time for any future parents. For a family that's welcoming their first child, it's likely a nerve wracking experience since a mother's body undergoes changes which they've never dealt with before. Many parents try to do everything they can to help give birth to a healthy baby, whether it's limiting the amount of caffeine they drink or the amount of sushi they eat, but sometimes the human body acts in ways beyond our control despite our best efforts.
This is where doctors and nurses play a vital role in assisting you or a loved one in giving birth to a healthy child. During a pregnancy, you're likely on high alert for any potential issues that can affect the health of your baby. An important part of assessing the status of your pregnancy is by regularly visiting the doctor. When you visit, expecting parents should be able to expect that a doctor or nurse will listen to any of their concerns, properly look over their health records and tests and flag any issues regarding the parents' or the baby's health.
While parents may carry the baby to term safely, both the parent and the baby are in a vulnerable position during the birthing process. Sometimes there are unexpected situations the doctors face.
One possible complication during labour is that the mother goes into labour earlier than expected. Typically, labour occurs after 39 to 40 weeks of pregnancy, but there are cases when a child needs to be delivered earlier than that. If the child is delivered between 34 to 37 weeks of pregnancy, they're known as premature babies. Unfortunately, the earlier a baby is delivered, they face a higher chance of developing a serious disability, such as cerebral palsy, or they face a higher chance of death. Sometimes doctors will suggest cervical cerclage, which is when the cervix is sutured up, to prevent premature births. But the option isn't suitable for everyone and there are risks involved for the mother and child.
Babies born prematurely will require special medical attention which requires them to stay at a hospital overnight. They will be cared for by doctors and nurses in a hospital's neonatal intensive care unit (NICU), where their status will be closely monitored. This process is important to catching signs of any possible issues and handling them as soon as possible before they affect the infant's development. Parents should be able to expect that healthcare workers will regularly observe their condition and notify them if there are any surgical decisions to be made
Another problem that could affect a birth is an issue with the umbilical cord. The umbilical cord connects the fetus to the mother and it's how the fetus receives oxygen and nutrients. Also, the cord helps the fetus rid itself of waste.
One possible condition is an umbilical cord prolapse, which is when the cord falls into the vagina before the baby is delivered. The baby can press against the cord during delivery, which will affect the baby's oxygen levels. The baby is in grave danger when its oxygen supply is affected and doctors will either move the baby away from the cord or conduct a C-section. The longer the baby goes with oxygen, the higher chances he/she will suffer brain damage.
Another condition is vasa previa, which is when the umbilical cord's blood vessels tear when they travel into the cervix unprotected. Typically, the umbilical cord protects these blood vessels, but when it doesn't, this could lead to bleeding that threatens the baby's life. Depending on when the condition is caught, doctors may choose to perform a C-section.
A common issue many people have heard about is when the umbilical cord is knotted. If the umbilical cord is wrapped around the baby's neck, it's known as a nuchal cord, which as long as the knot is loose, the baby will not be harmed during birth. But if the knot tightens, surgeons may opt for a C-section.
In all of these scenarios, doctors, nurses and midwives have to move quick enough and must keep parents informed of their options. If you feel that these actions were not completed by health professionals, contact a medical malpractice lawyer. A medical malpractice lawyer can discuss with you what may have gone wrong during the birth. It's in your best interest to get in touch with a medical malpractice lawyer to learn about all the options available to you.
Contact Neinstein for a free consultation with one of our medical malpractice lawyers. Our team of medical malpractice lawyers will work hard to advocate on your behalf. A specialized medical malpractice lawyer is important to ensuring your case is handled well and Neinstein Medical Malpractice Lawyers has years of experience and knowledge to assist you with 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.
Only Charge
When Successful
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
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
"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
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.
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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.
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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.
