HomeNews Hospital & Nursing Errors When Is a Hospital Error Medical Malpractice?

Mar 19, 2020 in News --> Hospital & Nursing Errors

When Is a Hospital Error Medical Malpractice?

When Is a Hospital Error Medical Malpractice?

When a patient visits a hospital in Ontario, they are entitled to a certain standard of care. Unfortunately, this standard isn’t always delivered. Ontario’s hospital workers are under enormous strain: facilities are overcrowded, the province’s population is rapidly aging, and the spectre of the novel coronavirus COVID-19 is looming. Despite these difficult circumstances, patients who are injured as a result of medical malpractice have the right to pursue compensation, and an experienced hospital error lawyer can help.

Examples of Hospital Malpractice

Most instances of malpractice involve the negligence, error or omission of a physician. Examples include surgical errors, diagnostic errors (misdiagnosis or delayed diagnosis), and obstetrical errors. Whenever these issues occur in a hospital setting, a hospital error lawyer can help.

However, hospital errors may also include negligent acts committed by nurses, support staff, and healthcare institutions. Many medical malpractice claims allege wrongdoing not only by physicians, but also by anesthesiologists, operating room staff, hospital maintenance workers, pharmacists, and others.

Examples of medical errors that do not relate to the actions of a physician include failure to monitor vulnerable patients; failure to provide prescribed medication; failure to maintain a clean and sanitary environment; and a range of other negligent acts.

When is a Hospital Error Medical Malpractice?

Plaintiff-side medical malpractice cases in Canada are extremely challenging, even for the most seasoned medical malpractice lawyer. In order for a claim to be successful, the plaintiff must prove the following:

  • That they were owed a duty of care by the defendant medical practitioner or healthcare facility
  • That the defendant failed to provide an appropriate standard of care
  • That the plaintiff incurred damages
  • That the failure to provide the appropriate standard of care was the proximate cause of the damages
  • And that the damages were the reasonably foreseeable result of the failure.

Despite this lofty burden of proof, medical malpractice lawsuits are sometimes necessary. Victims of medical injuries often face long, expensive roads to recovery; compensation earned through a medical malpractice claim can help fund that recovery and provide financial relief for the victim and their family.

Contact Neinstein Personal Injury Lawyers Today

If you or a member of your family has been injured in a medical setting, contact Neinstein Medical Malpractice Lawyers today to schedule a free, no-obligation consultation with an experienced hospital error lawyer. Our team can explain your legal options and provide guidance and advice throughout the recovery process.

 

Image Credit: Shutterstock

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N.V. & K.H Medical Malpractice Lawyer Testimonial from N.V. and K.H.
"We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.

Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he was very personable.

Throughout the four-year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first. One of the most important attributes that Duncan possesses outside of his legal skills is his ability to understand our family dynamics and keep us informed at every step of the way.

This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.

In the end Duncan not only got us the result that was needed and deserved but he did so with putting our family first and in our fragile mental and emotional state we could not have asked for anything more. It's great to know that we now have the ability to take care of our daughter and her future needs.

I would recommend Duncan without even a moment's hesitation to anyone that needs expert legal advice and guidance. He is Master of his craft and truly cares about the families he represents."
 
C.R. Medical Malpractice Lawyer Testimonial from C.R.
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During that period, I spent a lot of time with Daniela and a lot of time with Duncan. They came to my home many times to go over things with me and my wife; they took care of the whole legal process for me.

I feel that after 5 years we have more than a professional connection; we developed a strong friendship. I feel more than just a client; I feel like they care about me, my family and my welfare. The way he talks about his clients is very endearing. He is a very compassionate man and he remembers all details about his clients which is very reassuring. You couldn't ask for two people to represent you better than what they did. They just don't exist. Over all those months, that I went through the discovery, pre-trial and trial other lawyers would come up to me and say "You are a fortunate man, Duncan is one of the best lawyers you are ever going to get" and that wasn't just one time, it was several times that other lawyers came up and told me that. I always felt very confident in working with Duncan. He changed my life for the better and for that I am so grateful."
 
Farima M. Medical Malpractice Lawyer Testimonial from Farima M.
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Anna S. Medical Malpractice Lawyer Testimonial from Anna S.
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Rathini S. Medical Malpractice Lawyer Testimonial from Rathini S.
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Rathini S. Medical Malpractice Lawyer Testimonial from David R.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
J.R. Medical Malpractice Lawyer Testimonial from J.R.
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D.D. Medical Malpractice Lawyer Testimonial from D.D.
"5 Stars !!!!! We both feel grateful to Neinstein and its lawyers for accepting us as clients. Daniela Pacheco patiently explained to us processes and next steps. Her guidance provided comfort. She always fought for us and never gave up. We were represented with compassion and our cause was pursued with determination and commitment."