HomeNews Legal News 7 Things You Need to Know About Medical Malpractice Lawsuits

Oct 05, 2022 in News --> Legal News

7 Things You Need to Know About Medical Malpractice Lawsuits

Too long, too expensive, too tough--there are a lot of misconceptions when it comes to medical malpractice lawsuits. Some people are worried about how long the suit will take and whether they should expect anything at all; others expect huge settlements and conclusions in months. 

As ever, the reality lies somewhere between the two (and it's why you should speak to experienced medical malpractice lawyers before taking any sort of decision).

In this article we'll tell you some things you may not know about medical malpractice lawsuits (and hopefully dispel some myths).

1. The Payout Will Be In the Millions, Right? 

Our neighbours in the south have to take some blame for this. The large medical malpractice payouts in the United States (not to mention their courtroom dramas) give an impression that every patient receives multi-million dollar compensation. 

Courts in Ontario will award compensation for your pain and suffering, loss of future income, care, and more, but not like they do in the U.S. The largest medical malpractice award in Canada is around $15 million. 

2. You Aren't Just Going Up Against the Insurance Company

Around 95% of doctors in Canada are members of the Candian Medical Protective Association, an organization funded by doctors to defend doctors in medical-legal actions. The CMPA brings with it a "$5 billion war chest" used to cover doctors' legal fees and even the compensation that patients will receive. 

That's why working with a well-resourced, experienced team of medical malpractice lawyers is essential for the success of your case.  

3. There is a Time Limit to When You Can Bring Your Case

Ontario's Limitations Act sets a basic limitation period of two years from the time you knew or ought to have known of the material facts that give rise to your claim. 

If you don't file your claim within two years there are some exceptions that will allow you to commence it after the two-year deadline, although the law is very strict on this issue. 

4. Alleging Malpractice Isn't Enough, You Need to Prove It

Like any personal injury lawsuit, medical malpractice claims must prove that the doctor was negligent in their treatment. You will need to prove four essential elements to succeed in your claim:

  1. A patient-doctor relationship existed
  2. The doctor owed you a duty of care
  3. The doctor fell below the expected standard of care
  4. Their actions caused the injuries you have suffered

It's why medical malpractice lawsuits involve medical and technical experts who can speak authoritatively on each of these aspects. 

5. Think the Odds Aren't in Your Favour?

Misdiagnoses, medical errors and negligence lawsuits can have serious financial and professional consequences, which is why hospitals and doctors fight claims aggressively.

That doesn't mean it's a case of justice denied for patients. The CMPA's own numbers show that though doctors won more cases than defendants, over ten times more cases were settled with plaintiffs.

6. Medical Malpractice Claims Aren't Usually Decided Quickly

Investigating claims, building a case, getting expert medical opinions, and court hearings can mean cases can take a significant amount of time to decide. The president of the OTLA told The Star, "The time it takes to settle even the clearest of cases is just too long for innocent patients." 

Cases can be expensive too, what with lawyer fees, medical experts, and legal costs. That's where contingency fees, better known as "no win, no fee", can help. It allows patients to pursue claims without the added burden of unexpected legal costs.

7. There's No Replacement for Experience

You need to give your medical malpractice claim the greatest chances of success, and that's where experienced medical malpractice lawyers come in. A knowledgeable team will help you make well-informed decisions, laying out your options and guiding you on next steps. 

At Neinstein, we do just that. You will work with compassionate lawyers who provide realistic advice, and leverage the full resources of one of Toronto's largest medical malpractices to advocate for you.

Book a free consultation to discuss your case.

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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.
"In 2010, I met Duncan for the first time with my wife. He explained to me that he had reviewed all the information I had sent to his firm and he said he couldn't believe what he was reading. With that he looked at me and said he would like to help me, because there is a good cause for legal action. So he took the case and things started moving along. The ordeal took many years but we eventually closed the case.

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.
"I have never seen a lawyer like her, that she cares about the client, understand me and my problem listening to me explaining as much as I need, answered all my questions and I'm lucky to have her help me. Thank you so much for your help and hard work."
 
Bela P. Medical Malpractice Lawyer Testimonial from Bela P.
"To those who are experiencing any injustice or insurmountable degrees of stress over an injury or the loss of a family member due to unexplained issues, you need not look any further. The Neinstein team are there for you and to relieve your pain. I'm very pleased to have met Duncan and Erik, who took on our case re the loss of our mother. I assure you that you're case will be well taken care of. Thank you Erik and Neinstein."
 
Anna S. Medical Malpractice Lawyer Testimonial from Anna S.
"Duncan Embury and Sonia Nijjar at Neinstien helped us through one of the most difficult and vulnerable times of our lives. We were impressed with their professionalism and responsiveness to our needs as well as their compassion for our situation. They earned our trust with their hard work and I would not hesitate to recommend them to others."
 
Rathini S. Medical Malpractice Lawyer Testimonial from Rathini S.
"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."
 
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.
"Duncan and Sonia met my family at a time where we were dealing with very difficult circumstances and couldn't see the light at the end of the tunnel. They took on our complex case and fought for us tooth and nail until they sought justice for us! We are so incredibly grateful for their perseverance and grace. We couldn't have gotten through it without them. Thank you."
 
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."