What is Medical Malpractice?
Medical malpractice law is a form of personal injury law dealing specifically with injuries acquired in a medical setting. This complex form of legal practice often involves serious, life-changing injuries that have a profound effect on victims and their families. For more than four decades, Neinstein Personal Injury Lawyers has represented gravely injured Ontarians in civil court – our dedicated Medical Malpractice Group, led by Duncan Embury, can help you access compensation for the injuries you have suffered.
When a patient enters a hospital, doctor’s office, clinic, or any other medical facility in Ontario, they are owed a certain duty of care by their attending medical professionals. When that duty of care is breached and an injury is suffered, medical malpractice may have occurred.
Medical malpractice can take many forms, including:
Obstetrical malpractice occurs when a mother or child is injured during or directly after the pregnancy or birthing process due to the negligence or error of a medical professional. These events can have lifelong effects, including cognitive and physical delays or cerebral palsy for the child, and lasting emotional damages for the entire family.
Though surgery is risky by nature, surgery patients are still entitled to a high standard of care. Negligence or avoidable error in the operating room can have life-threatening consequences, as can errors made preoperatively or postoperatively. Survivors of surgical errors face challenges such as anastomotic leaks, blood vessel or organ injuries, shunt complications, and many other issues.
Hospital and Nursing Error
In addition to being asked to save lives and solve complicated medical problems, doctors and nurses in Canadian hospitals often face administrative challenges like overcrowding and understaffing. Regardless of these challenges, each hospital patient has a right to a high standard of care. When a hospital or nursing error, such as misdiagnosis or delayed diagnosis occurs, results in an injury, the patient may be able to access compensation with the help of a medical malpractice lawyer.
Medical Error Causing Acquired Brain Injury
Brain injuries are perhaps the most serious variety of injury a person can suffer. Unfortunately, there are numerous instances during a medical visit where a brain injury can occur, including during surgery, during childbirth, or even as a result of misdiagnosis.
Misdiagnosis and Delayed Diagnosis
Misdiagnosis and delayed diagnosis are among the most common forms of medical malpractice. Each can result in serious injuries that gravely affect a person’s ability to enjoy life. Misdiagnosis can harm a person in two primary ways: if a person is diagnosed with an illness they do not have, they may be subjected to unnecessary treatment; if a medical professional fails to promptly diagnose an illness, the patient may not receive the treatment they need.
Pursuing a Medical Malpractice Claim
Research indicates that as many as 70,000 Canadians experience preventable medical errors each year in Canada and that as many as 23,000 die as a result. Why do only a tiny fraction of those injuries lead to successful medical malpractice claims?
Medical malpractice law in Canada is complex, expensive, and exceptionally challenging. In order for a claim to be successful, a medical malpractice lawyer must prove that the defendant owed the plaintiff a duty of care, that the defendant failed to deliver the appropriate duty of care, that the plaintiff’s injuries were reasonably foreseeable, and that the defendant’s breach of the duty of care caused the plaintiff’s injuries. This is a high standard to meet, especially in cases where the patient is undergoing a risky or complicated procedure or is already significantly ill.
Another factor discouraging medical malpractice lawsuits in Canada is the Canadian Medical Protective Association (CMPA), a not-for-profit organization that provides medical professionals with legal defence and liability protection. The CMPA is well known for engaging in “scorched earth” defence practices, wherein it leverages its multi-billion-dollar war chest to prolong medical malpractice cases. This tactic makes medical malpractice suits prohibitively expensive for personal injury law firms to litigate and discourages injured patients from pursuing compensation.
Neinstein Personal Injury Lawyers can help
Neinstein Personal Injury Lawyers’ Medical Malpractice Group is led by Duncan Embury, one of Canada’s preeminent medical malpractice lawyers. Duncan is a veteran of several precedent-setting multi-jurisdictional cases and has represented clients in various obstetrical negligence and surgical negligence cases. He also regularly presents to members of the Ontario Trial Lawyers Association, the Ontario Bar Association, and the Law Society of Upper Canada. He is certified by the Law Society of Upper Canada as a specialist in civil litigation. Neinstein partners Greg and Jeffrey Neinstein and an experienced team of personal injury and medical malpractice lawyers join Duncan at the Medical Malpractice Group.
Neinstein Personal Injury Lawyers is proud to represent clients from across Ontario and has at times represented clients in other jurisdictions. If you are interested in initiating a medical malpractice claim, contact us today to arrange a free, no-obligation consultation with a member of our team. Please bring as many legal and medical documents as possible to this initial meeting, as this will help us assess the validity of your claim.
Neinstein’s team of personal injury lawyers always works on a contingency basis, which means you will not be asked to pay legal fees until your case has been successfully resolved.
Contact Neinstein Personal Injury Lawyers
If you believe that you have suffered an injury as a result of the negligence, error, or omission of a medical professional, contact Neinstein Personal Injury Lawyers today to speak with an experienced medical malpractice lawyer. Our seasoned team can assess the viability of your claim, secure access to leading rehabilitation and therapy services, and offer guidance and unique expertise throughout the legal process. Neinstein Personal Injury Lawyers’ Medical Malpractice Group can be reached by phone at 1-844-920-4242, by email firstname.lastname@example.org, via the Contact page on this website, or through the Live Chat function at the bottom right-hand corner of this page. Contact Neinstein Personal Injury Lawyers today to learn how our team can help you on your road to recovery.
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Neinstein’s Medical Malpractice team is a highly-specialized, focused group of lawyers ensuring your ultimate care and success.
Experienced Toronto medical malpractice team
Doctors, nurses, midwives and other health care professionals have a duty to meet a reasonable standard of care. Patient safety depends on it. When a health care professional fails to act within that standard of care, and their failure causes the serious injury or death of the patient, the result is medical malpractice. Medical malpractice cases are extremely complex and require a thorough knowledge of healthcare standards, practices and medicine as well as an in-depth knowledge of the law.
We believe that successful representation in medical malpractice claims requires not only an intricate knowledge of medicine and law, but also a compassion and understanding that cannot be taught. Our success begins with ensuring that our clients are fully informed every step of the way. We listen to our clients and have the dedication and commitment to help them obtain the results they need to overcome the wrong which has occurred. Our medical legal team understands how frightening and overwhelming a medical malpractice claim can be. We will guide you through every step of the legal process in a compassionate, yet informative way, that allows you to take the time you need to recover while knowing that your rights are being protected.
If you or someone you care about has been seriously injured as a result of medical negligence contact our medical legal team for a free consultation. During your consultation we will ask you about your injuries, the care you received and will discuss your options for litigation. You can be sure that we will be honest with you about your case. We will answer all of your questions and provide you with the information you need to make an informed decision about how to proceed.
For commonly asked questions about medical malpractice claims, please visit our FAQ page.
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