Medical Malpractice Lawyer Windsor
Any patient of a Windsor health facility who feels they've been a victim of medical malpractice should contact Neinstein's team of medical malpractice lawyers.
Canadians turn to hospitals when they're dealing with what they think are dire health issues, whether it's cancer, a stroke or a possible heart attack. And when things go wrong, they seek the counsel of experienced medical malpractice lawyers.
We turn to doctors and nurses to assist us with health concerns we don't understand and our expectation is that by hearing our symptoms and using data from lab tests and imaging, healthcare professionals will come up with an appropriate course of action and the proper treatment that will assist us.
Healthcare in Windsor has undergone improvements over the last half decade after one hospital's mistakes led to mistaken mastectomies.
The Hotel-Dieu Grace Hospital, which has since been renamed to the Windsor Regional Hospital Ouellette Campus, Windsor Regional Hospital Met Campus and Hôtel-Dieu Grace Healthcare, was marred by its past, which included mistaken mastectomies performed on women who didn't have cancer.
In the fall of 2009, a surgeon performed a single mastectomy on a patient. It was after the surgery, the patient was informed by the surgeon that there had been a mistake and that the surgeon had misread the pathology report, which indicated that the lump in the woman's breast was not cancer, after an initial cancer diagnosis. She later filed a lawsuit, which was settled in 2012.
During the hospital's investigation into the surgeon's other previous patients, it was discovered that a second woman came forward with a similar situation. The surgeon, who had 28 years of experience, also warned the hospital that it would also find other concerning cases during their investigation, which were also related to incorrect pathology reports.
The hospital review analyzed more than 10,000 pathology results in the city and discovered there were seven cases of concern, according to the Canadian Press. Among these cases, there were five that related to breast cancer and two that didn't.
One pathologist was suspended and reported by the College of Physicians and Surgeons of Ontario as a result. The hospital ruled that the surgeon wasn't at fault and it wasn't a diagnostic error, but rather an administrative error on the part of the pathologist.
Hospitals, doctors and nursing staff make errors, which is human nature, but it's also important that everyone is held accountable for their actions, which is the role of a medical malpractice lawyer. Medical errors can lead to long-term consequences for patients and Neinstein's medical malpractice lawyers work hard to ensure you receive the compensation needed for your care.
Our medical malpractice lawyers have years of experience when dealing with medical malpractice cases. Hiring a specialized medical malpractice lawyer is important since you want someone who's knowledgeable about the medical and legal spheres. But what's also important is hiring a medical malpractice lawyer who is concerned about your well-being and aside from handling your case, our medical malpractice lawyers want to ensure you have the best medical professionals aiding you in your recovery.
Neinstein Medical Malpractice Lawyers serves Windsor and its surrounding area and if you feel that you or someone you know has experienced medical malpractice or medical negligence, get in touch for a free consultation.
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.
