In Canada, we're lucky to have access to free healthcare which is funded by taxpayer dollars. Thanks to the Canada Health Act, citizens have access to doctors and nurses who will be there to help us treat our sicknesses and illnesses.
With the Act, our nation's healthcare policy aims to protect, promote and restore the physical and mental well-being of residents of Canada and to facilitate reasonable access to health services without financial or other barriers. This healthcare helps many Canadians who are suddenly faced with unexpected health problems.
While it's beneficial to all Canadians to have access to healthcare, it's not enough to simply be able to receive treatment or have an appointment with a doctor. Patients should be able to expect that doctors and nurses will provide the best care possible in the current environment. Medical malpractice lawyers are an important part of our legal system which advocates on behalf of the victims we represent.
It may surprise you, but Americans file medical malpractice claims 3.5 times more often than Canadians, according to the Wall Street Journal. In 2007, there were 928 legal claims filed against Canadian doctors, but only about 100 of these cases go to trial during a year, according to the Tampa Bay Times.
It's always in your best interest to get in touch with a medical malpractice lawyer right away. When you get in touch with a Neinstein medical malpractice lawyer, we are always happy to offer advice on handling the case for free and you are not under any obligation when you do get in touch. While earlier is always better, we will also consult on medical malpractice cases that have occurred in the past, but anyone considering a medical malpractice claim needs to be aware that as with any court proceeding, there is a statute of limitations on when you can pursue legal action.
There's no simple answer to this question and anyone who suspects their situation demonstrates medical malpractice or medical negligence should get in touch with a medical malpractice lawyer for a free consultation.
If you live in Oakville, contact one of Neinstein's medical malpractice lawyers to help you assess your situation and your next steps. Our medical malpractice lawyers have years of experience and knowledge in handling a wide range of areas including various birthing injuries, acquired brain injuries, tPA administration, atrial fibrillation, different cases of surgical negligence, cardiac arrest, sepsis, hypoxic brain injuries, different types of cancer, such as breast, colon, lung and prostate, a doctor or nurse's failure to monitor pre-operatively, perioperatively or post-operatively, medication errors and nursing errors. Don't delay and contact us 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 1-866-374-7916 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.