Medical Malpractice
Lawyer Toronto

If you or a loved one's health has been affected by a misdiagnosis or delayed diagnosis, get the expertise of a Toronto medical malpractice lawyer from Neinstein.

Canadians visit the hospital when they are facing serious health condition. Patients place a high degree of trust in healthcare professionals and they expect that hospital employees are doing everything they can to cure our illnesses or prescribe the right medication to assist our condition.

Hospitals are busy healthcare institutions with many healthcare professionals balancing many patients and health issues, but when we visit, we expect doctors to listen to our ailments and diagnose the illness in a timely manner. An early diagnosis for illnesses such as cancer can make a major difference in your treatment options, quality of life and chances of survival. Also, if patients are misdiagnosed, the treatment or medication they're given could cause irreparable damage to their health.

To properly diagnose a patient, physicians need to consider the history of the patient and run tests to confirm their suspicions. Doctors should keep patients in the loop in regards to any important information and they should be available to answer any questions a patient may have to help them gain a better understanding of the care options available to them. Test results play an important part in determining an illness therefore proper interpretation of test results are crucial. At times healthcare practitioners do not interpret test results correctly which leads to a misdiagnosis or delayed diagnosis. There's also the possibility that information is lost before the patient is informed of the test's results.

Filing a medical malpractice claim requires a specialized medical malpractice lawyer since these can be complex cases. It's best that your claim is handled by someone who has a strong understanding of healthcare standards, along with the legalities surrounding healthcare, to help you determine whether the situation you or a loved one has experienced has a strong foundation for a claim.

Let our medical malpractice lawyers handle bringing your case through the legal system, while you and your family focus on the day-to-day recovery. Our medical malpractice lawyers specialize in this area, but we understand that it's a tough situation for families to experience. We remain professional in how we handle our clients, but our medical malpractice lawyers realize that always being compassionate with our client's situation is important to helping them through the process.

One of Neinstein's medical malpractice lawyers can represent you in your medical malpractice claim if you or someone you care for have been seriously injured.

We handle:

  • Obstetrical Malpractice cases
  • Surgical Malpractice cases
  • Brain Injury & Stroke cases
  • Hospital & Nursing Error cases
  • Misdiagnosis & Delayed Diagnosis cases

To have a better understanding of your options, contact one of our medical malpractice lawyers for a free, no-obligation consultation. It's important to get in touch with one of our medical malpractice lawyers as soon as possible to ensure that your case avoids running afoul of the statute of limitations and we'll be able to determine whether your situation has a basis for a claim.

 

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.

 
50
Years
$100M+
In Compensation*
16
Lawyers

 

Only Charge
When Successful

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.

 

Free Consultation
& We Go To 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.

 

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

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

"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

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.

1

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.

2

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.