Medical Malpractice Lawyer Sudbury
A Sudbury medical malpractice lawyer can help your family secure damages for your medical injury.
Canadians are fortunate to have access to a world class healthcare system that is open to all of the country's residents. However, even in a country whose healthcare system is generally lauded, medical practitioners are susceptible to lapses in judgement and careless mistakes. Doctors, like the rest of us, are human. And like the rest of us, healthcare professionals should be held accountable for those errors that severely injure a patient.
When you enter a Canadian hospital, you are owed a certain standard of care. When the hospital fails to live up to the standard, and a patient is injured as a result, a Sudbury medical malpractice lawyer can help the patient access compensation for their injuries. Depending on the variety of medical error committed, the impact of a medical injury on a person's life can be quite grave. Whether you have suffered a temporary disability or are stricken with chronic pain, you deserve compensation for injuries that have been caused through no fault of your own.
Unfortunately, medical errors are quite common in Canada - more common than the general public realizes. And while your Sudbury medical malpractice lawyer will have a refined understanding of your injury's historical context, the realities of the Canadian healthcare system may surprise you. According to a 2015 article from the National Post, "research suggests that about 70,000 patients a year experience preventable, serious injury as a result of treatments." That's nearly half the population of Sudbury!
"More shocking," the article continues, "a landmark study published a decade ago estimated that as many as 23,000 Canadian adults die annually because of preventable 'adverse events' in acute-care hospitals alone."
If you are one of the tens of thousands of patients who have suffered a medical injury in the recent past, you should contact a Sudbury medical malpractice lawyer today. Medical malpractice cases are extremely complex and time-consuming to prosecute. Few Canadian medical malpractice lawyers possess the level of combined legal and medical expertise to ably prosecute these cases. The situation is made exponentially more difficult by the fact that the Canadian Medical Protective Association (CMPA), which defends healthcare providers in legal settings, has deep pockets and tends to be extremely litigious. Rarely will the CMPA decide to settle a case, opting instead to put the resilience of the plaintiff and the plaintiff's lawyers to the test in a courtroom setting.
The result of the CMPA's aggressive personality is that very few of the 70,000 annual medical injuries suffered by Canadians are brought into a courtroom setting. However, an experienced, professional, and dedicated Sudbury medical malpractice lawyer can help you and your family access the compensation you deserve to help cope with your injuries.
If you or a member of your family has suffered an injury as a result of a medical error, contact Neinstein Medical Malpractice Lawyers today. Our team of dedicated Sudbury medical malpractice lawyers can help you choose your best path forward and will do everything in their power to defend you, your family, and your rights as a patient in Ontario's healthcare system.
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.
