Apr 14, 2022 in News --> Legal News

Top Medical Malpractice Lawyer Duncan Embury Interviewed by Canadian Lawyer

Early last month, Duncan Embury, the head of Neinstein’s Medical Malpractice Group, spoke with Canadian Lawyer magazine about what Canadians should know about medical malpractice, the challenges associated with these complex claims, and his motivations as a medical malpractice lawyer. Below are some of the highlights from the article.

What Should Canadians Know About Medical Malpractice?

It’s easy for a personal injury or medical malpractice lawyer to forget that most Canadians don’t have the same in-depth knowledge of their province’s medical and legal systems. In fact, Duncan told Canadian Lawyer that many Canadians who have been injured in a medical setting are unaware of their ability to pursue compensation for the damages they have incurred.

“It’s really important that people know that if they, or their loved one, has suffered severe injury in the medical setting, then it certainly is possible that they have the right to seek compensation for that,” Duncan explained.

What Are Some of the Challenges that a Medical Malpractice Lawyer May Face? 

Medical malpractice cases in Canada are time-consuming and expensive. In successful cases, the plaintiff must establish that they were owed a duty of care by the defendant medical professional, that the defendant negligently breached that duty of care, and that the injuries in question resulted from that breach. Establishing these factors may require hundreds of hours of legal work – gathering evidence, collecting witness testimony, reviewing documents, etc. – as well as contributions from expert witnesses.

It may also require going to court, which means facing the Canadian Medical Protective Association (CMPA) and/or Hospital Insurance Reciprocal of Canada, which represent doctors and hospitals, respectively, in medical malpractice cases.

“Those two organizations then take over the defence of the claim on behalf of those constituent parts – whether it’s the physicians, the nurses or the hospital – in order to do their own investigation and then determine whether or not the case is defensible, or whether it’s one that should be resolved and a family or an injured person compensated,” Duncan told Canadian Lawyer.

According to the CMPA’s 2019 annual report, of the 775 resolved legal actions the organization was involved in that year, 438 were dismissed or abandoned, 285 were settled, 47 were won at trial by physicians, and just five were won at trial by plaintiffs.

What are Duncan’s Motivations as a Medical Malpractice Lawyer?

The medical and legal systems in Canada are imposing to most ordinary citizens; it’s natural to feel powerless against that type of bureaucratic machinery. For Duncan, a big part of his motivation is providing a voice for those everyday Canadians.

“To be able to give people those answers, and – to the extent that an error was made – to provide them with more independence and freedom… I find it really fulfilling to be able to actually make a meaningful difference in someone’s life or the lives of an entire family who have suffered through this type of event,” Duncan said. 

Contact Neinstein Medical Malpractice Lawyers Today

If you or a member of your family has been injured in a medical setting, you have options. Reach out to Neinstein Medical Malpractice Lawyers today to schedule a free, no-obligation consultation with an experienced medical malpractice lawyer. We will listen to your story, assess the viability of your claim, and explain the next steps in the legal process.