Medical Malpractice Lawyer Whitby
Whitby residents affected by medical malpractice should contact a Neinstein medical malpractice lawyer.
Residents of the Town of Whitby (and Canadians in general) are fortunate to have access to a world-class, universal healthcare system. Unlike our American neighbours, Canadians are often able to address their health concerns without worrying about how much money they have in the bank. However, just because our system provides free medical service doesn't mean that Canadians are entitled to anything less than an excellent standard of care. A medical malpractice lawyer will work to ensure that standard of care is delivered.
Our Whitby area hospitals, and the doctors and nurses that work in them, are expected to provide diligent, reliable care. Patients and their families should be made aware of their medical circumstances and helped to understand their healthcare needs. When a new patient enters a hospital, they place a great deal of trust in the expertise of their care providers. However, even the most experienced doctors and nurses are capable of human error, which can occur at any point of the care cycle. From diagnosis through to discharge, patients deserve an attentive, reliable level of care. If you or a member of your family received anything less than an appropriate standard of care, you may have grounds for a medical malpractice lawsuit.
The results of medical errors or negligence can be quite severe. A missed or delayed cancer diagnosis, for example, can lead to substantial long-term consequences that might have been averted with more timely treatment. If an obstetrical error occurs during childbirth, the child may be at risk of life-long mental or physical disability. Patients' families and loved ones may experience a great deal of pain, suffering, and confusion as a result of medical malpractice.
If you or a loved one has suffered an injury as a result of medical malpractice, you should contact a medical malpractice lawyer today. Medical malpractice claims are complex, difficult undertakings, and it is often difficult to determine the validity of a suit. Medical malpractice lawyers are specialists in their field and have an excellent working knowledge of both the healthcare and legal systems. In Ontario, it can be very difficult to access information relating to you or your family member's case, which can result in a great deal of strife. A medical malpractice lawyer can help guide you through the legal proceedings, and help you begin your recovery process.
At Neinstein, we have over 45 years of experience in personal injury law. Each medical malpractice lawyer on our team has up to 20 years of experience with a wide variety of malpractice claims, including:
- Birthing injuries
- Acquired brain injuries
- tPA administration
- Atrial fibrillation
- Surgical negligence
- Cardiac arrest
- Sepsis
- Hypoxic brain injuries
- Breast, colon, lung, and prostate cancer
- Failure to monitor
- Medication errors
- Nursing errors
If you have experienced any of the above circumstances, you may have grounds for a medical malpractice claim, and should contact Neinstein Medical Malpractice Lawyers today. Our firm's head office is located at 1200 Bay St, Suite 800, in Toronto. You can contact a medical malpractice lawyer at 1-866-798-6723 to set up a free, no obligation evaluation and consultation today. Neinstein offers service to Whitby, 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.
