Medical Malpractice Lawyer Peterborough
Neinstein medical malpractice lawyers are available to take on malpractice claims in the Peterborough area.
Patients in Ontario's hospitals are entitled to expect that nurses and doctors will perform their duties with a high level of competency. A patient can reasonably expect that they will be issued the proper tests, diagnosed correctly, and administered the correct medication. In cases where surgery or any other operation is necessary, the patient should expect that it will be performed in a safe, clean environment. While a hospital may not be responsible for the actions of individual healthcare practitioners, it is responsible for implementing policies, equipment, and systems which protect the health of its patients.
Medical malpractice can occur at any point in the care cycle, be it during diagnosis, operation, post-op care, or drug administration. Mistakes such as giving a patient the wrong medication or failing to monitor a vulnerable patient can result in stroke, brain injury, permanent disability, or even death. Even the most subtle errors can have dangerous implications for a patient's health. In each of these cases, medical malpractice lawyers can help you determine whether you have been the victim of malpractice.
The authors of the 2004 Canadian Adverse Events Study, which examined the incidence of adverse events among hospital patients coast to coast, estimated that between 3,561 and 9,143 patients in Ontario died as a result of nearly 72,000 adverse medical events. In 2013, only six deaths and 29 adverse medical events were reported, suggesting that a majority of potential malpractice claims go unreported. In Ontario's secretive and opaque healthcare system, medical malpractice lawyers play an important role in ensuring patients' right to a high standard of care is protected, and that there are consequences to instances of medical malpractice in the province of Ontario.
Medical malpractice claims are difficult to put together, and require that strong evidence be promptly obtained and preserved. A medical malpractice lawyer will help navigate you through the complicated legal proceedings, allowing you and your family to focus on recovery.
Neinstein has a team of experienced medical malpractice lawyers who are happy to help you evaluate and pursue your malpractice claim. Neinstein's lawyers have experience with a wide variety of malpractice suits, including those regarding nursing errors, cardiac arrest, medication errors, hypoxic brain injuries, sepsis, surgical negligence, atrial fibrillation, tPA administration, acquired brain injuries, and a number of different forms of cancer. Duncan Embury, head of Neinstein's Medical Malpractice Group, has been handling medical malpractice cases for more than 30 years. He leads a group of experienced, professional and reliable medical malpractice lawyers who are prepared to vigorously defend your claim.
If you or a family member has suffered a serious injury as the result of a medical error, contact Neinstein Medical Malpractice Lawyers today. Our head office is located at 1200 Bay St, Suite 800, in downtown Toronto. Call us toll-free at 1-866-798-6723 to arrange a free, no obligation case evaluation and consultation with one of our medical malpractice lawyers. Neinstein offers service to the Peterborough area, and would be happy to assess your claim.
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.
