Medical malpractice lawyers play a critical role in ensuring that Canadians receive quality healthcare whenever they visit a hospital or a doctor's office.
Good healthcare greatly affects a resident's quality of life since proper diagnosis and treatment of an illness can lead to a complete recovery or few side effects. While a misdiagnosis or a delayed diagnosis of an illness can lead to someone facing health issues for the rest of their lives or even death. Unfortunate mistakes or outright negligence can lead to a patient suffering serious health conditions, such as acquired brain injury, cardiac arrest, hypoxic brain injury and stroke.
Who you are and what you do shouldn't affect the healthcare you receive and if you think the care provided by a doctor or nurse isn't up to the proper standard, contact a medical malpractice lawyer.
In one case, a Cameroon diplomat is suing the Ottawa Hospital and four of its doctors after his wife suffered brain damage and her legs and arms needed to be amputated, according to CBC News. The claims alleges medical malpractice and negligence after her doctors misdiagnosed her condition as Tamiflu, when it was endocarditis, an infection of the heart. Endocarditis can be a side effect of a mitral valve replacement, which was a part of the patient's health history.
The patient was admitted to the hospital after suffering from symptoms such as a fever and feeling weak and she was sent home with medication. Two days after her symptoms continued to worsen, she was readmitted, but her condition had worsened substantially and an amputation was required to prevent the infection from spreading further. The claim alleges that if the doctors had properly diagnosed and treated the issue, she would not have suffered such extreme consequences. She is no longer able to care for herself and is very limited in her capability to speak or move.
In another case, a former prisoner of the Ottawa-Carleton Detention Centre is suing the province for medical malpractice after he alleges a prison doctor failed to diagnose his chest infection, which later led to complications of pneumonia and bronchitis, according to the Ottawa Citizen. Within his claim, he alleges the complications were preventable and that the doctor was negligent in performing tests, that the correct tests to properly diagnose him weren't performed and that he didn't provide proper care or treatment.
Whether you are a Canadian citizen or a criminal, Canadian hospitals are expected to provide a certain standard of care. Doctors and nurses are human and mistakes can be made, but it's expected that they do everything possible to prevent that from occurring.
Any mistakes made have very real consequences for patients and if you feel that you've experienced this issue, contact a medical malpractice lawyer. A medical malpractice lawyer is a great asset to advocate on your behalf, whether it's working with an insurance company or bringing your case to trial against the Canadian Medical Protection Association, which defends doctors.
If you are an Ottawa resident and you believe you or a loved one has been the victim of medical malpractice or medical negligence, get in touch with a medical malpractice lawyer to assess the situation and possible next steps. Neinstein Medical Malpractice Lawyers has decades of experience and offers free, no obligation consultations.
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.