Medical Malpractice
Lawyer York

Neinstein's medical malpractice lawyers can assist you if you or your loved one choose to pursue a medical malpractice claim in York.

Medical malpractice lawsuits can be very complex since they require a lawyer to have a good understanding of both the legal and medical world. For these cases, it's important that a medical malpractice lawyer is at your side to help you wade through the legal proceedings and assist you in receiving a favourable conclusion.

Filing a medical malpractice lawsuit isn't without its own challenges. Physicians are generally protected by the Canadian Medical Protective Association (CMPA). In 2010, the CMPA had access to approximately $2.7-billion in assets. Hospitals and other health care workers are generally required to keep professional liability insurance.

The right medical malpractice lawyer will not only assist with your legal case and work towards helping you receive the best outcome possible, but they should also care about you and your family's overall physical, mental and emotional health in the matter. The medical malpractice lawyers at Neinstein have a wide range of reliable healthcare contacts who work hard to help you recover while going through the proceedings.

Each year, about 38,000 to 43,000 deaths are a result of medical errors, which doesn't include the number of patients who suffer serious adverse effects from a mistake. Unfortunately, while there are a great number of incidents, not all cases are litigated due to court dismissal, lengthy trials which lead plaintiffs to abandon their claim or they died before the trial could move forward.

Those who are harmed from a medical error sometimes don't only feel abandoned by the surgeon, but also the healthcare system as well. When you file a medical malpractice claim, you're not only fighting to be rightfully compensated for an injury that has changed you or your loved one's standard of living, but you're also fighting to ensure that someone is held responsible for a mistake that was made and that is shouldn't happen again.

If you or a loved one feel that your experience at a hospital or a doctor's office is an example of medical malpractice or medical negligence, choosing one of Neinstein & Associate's medical malpractice lawyers is an important first step since you need a strong advocate to fight for you.

Our medical malpractice lawyers believe we have an important role to play by ensuring that those in the healthcare industry are held responsible for any inappropriate actions they've taken, whether it's a surgical error, obstetrical error, nursing error or a misdiagnosis. These issues can lead to serious brain injuries, a stroke or result in ailments that can follow you for the rest of your life. When doctors and nurses work with patients in many cases what they do can mark the difference between life and death.

To receive a professional assessment on your situation, contact one of Neinstein's medical malpractice lawyers for a free, no obligation assessment. Our medical malpractice lawyers want to help.

 

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.