HomeNews Legal Representation A New Year’s Refresher on Medical Malpractice

Jan 27, 2022 in News --> Legal Representation

A New Year’s Refresher on Medical Malpractice

medical malpractice lawyers

The New Year isn’t just for making resolutions – it’s also a great time to sharpen your skills and brush up on existing knowledge. With that in mind, this blog will revisit some medical malpractice basics. What is medical malpractice? How can a medical malpractice lawyer help if you’ve been injured in a medical setting? What makes medical malpractice cases so challenging in Canada? 

What is Medical Malpractice?

Medical malpractice occurs when a healthcare practitioner – a doctor, nurse, dentist, psychologist, optometrist, etc. – causes an injury and falls below the standard of care. Falling below the standard of care can take many forms. In some cases, the practitioner may make an avoidable error. In others, they may fail to provide a treatment or deliver an inappropriate treatment.

It’s important to remember that not all injuries and negative health outcomes are the result of medical malpractice. Medical procedures are risky by nature and doctors are generally not penalized for negative outcomes resulting from care that meets an acceptable standard. If you’ve been injured in a medical setting, contact a medical malpractice lawyer as soon as possible to discuss your options. 

How Can a Medical Malpractice Lawyer Help?

Medical malpractice is a unique – and uniquely challenging – field of personal injury law, which is why victims of medical mishaps are advised to contact a specialized medical malpractice lawyer. These lawyers have unique expertise relating to medical best practices and procedures and Ontario law. At Neinstein Personal Injury Lawyers, our Medical Malpractice Group has helped many injured patients access fair and reasonable compensation for the injuries they have incurred. If you’ve been injured in a medical setting, Neinstein Personal Injury Lawyers can help – contact us today to learn more.

What Makes Medical Malpractice Cases Challenging?

Medical malpractice cases are notoriously difficult to win in Ontario, and in Canada more broadly. There are several reasons why this is the case. First, the standard for proving malpractice has occurred is quite high. Not only must your medical malpractice lawyer establish that negligence has occurred, but they must also prove that the negligence caused an injury, and that the injury could have been avoided or reduced had the medical practitioner upheld an appropriate standard of care.

Making matters more complicated is the fact that physicians in Canada are defended in malpractice lawsuits by the Canadian Medical Protective Association (CMPA), a taxpayer-funded organization with significant resources.

Contact Neinstein Personal Injury Lawyers

If you’ve been injured during a visit to the hospital, doctor’s office, or any other medical setting, contact us today to schedule a free, no-obligation consultation with an experienced medical malpractice lawyer.

 

Image: 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.
"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."