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Medical Malpractice Lawyer Oshawa

Oshawa residents who feel they've experienced a case of medical malpractice can reach out to Neinstein's medical malpractice lawyers

Whether you live in a big city or small town, patients should be able to expect that they will receive quality healthcare when they arrive at a hospital.

Hospitals are bustling environments, but regardless of the institution's situation, it's expected that doctors and nurses are doing everything possible to ensure patients are well cared for. If a situation is beyond a smaller hospital's expertise, the case should be transferred to a larger institution.

In late December of 2013, an expecting mother felt contractions, according to the Oshawa This Week newspaper. This was her second birth and she was afraid she was experiencing early labour. The mother was admitted to the Lakeridge Health Port Perry New Life Centre where her condition was monitored overnight.

The family physician was contacted and she advised a nurse to order fluids rather than take her to the hospital. The mother was later sent home, but a few hours later she returned after experiencing strong contractions. After the doctor was told there were no cervical changes, the doctor administered the same treatment.

But the pain continued for the new mother and an ultrasound was eventually ordered at the Lakeridge Health Oshawa Hospital in the morning. There was also no available ambulance to take the new mother, so the husband and wife drove themselves. Soon after they arrived at the Oshawa emergency department, the mother gave birth to a baby boy in a full waiting room. Unfortunately, the newborn died soon after his birth.

After the incident, the family filed complaints with the Lakeridge Health Corporation, College of Physicians and Surgeons of Ontario and the College of Nurses of Ontario. They also began the process of filing a medical malpractice lawsuit.

While it's questionable whether the baby would have survived since the mother gave birth after only 23 weeks, medical studies show that the baby had a chance. Unfortunately, this is not the first time a similar situation has occurred at this hospital.

Medical malpractice lawyers serve as the checks and balances within our healthcare system. While third party regulators, such as the College of Physicians and Surgeons of Ontario and the College of Nurses of Ontario, act as regulators of healthcare professionals, medical malpractice lawyers represent the victim's needs in a situation that are beyond their control.

Neinstein's team of medical malpractice lawyers are equipped with the knowledge and experience to advocate on your behalf. Along with that, our medical malpractice lawyers know many good healthcare professionals who can assist you or your loved one during your recovery.

An experienced medical malpractice lawyer can guide victims through the process as they focus on grieving or recovery. Neinstein Medical Malpractice Lawyers are available to Oshawa residents for a free, no-obligation consultation. Get in touch with our medical malpractice lawyers for advice on your next steps.


Highly Recommended

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.

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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.


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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.


Where We Can Help

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.


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.


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.