Misdiagnosis & Delayed Diagnosis | Malpractice Claims Toronto

Delayed and Misdiagnosis Lawyers Toronto

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Why is delayed or misdiagnosis a problem?

When a person visits a health clinic, doctor’s office, or hospital in Canada, they put their faith in the specialized expertise of medical professionals. Healthcare providers hold positions of immense responsibility in our society: when a person becomes ill, they turn to medical experts for guidance. If the patient suffers an injury as a result of a doctor’s inability to promptly and accurately diagnose an illness, medical malpractice may have occurred. In these cases, the patient may, with the help of an experienced misdiagnosis and delayed diagnosis lawyer, be able to seek compensation for the damages they have suffered.

Examples of Misdiagnosis & Delayed Diagnosis

Misdiagnosis and delayed diagnosis can occur in any medical setting and can have grave, sometimes life-threatening impacts. When a patient is misdiagnosed with an illness they do not have, for example, they may be subjected to treatments that put them at risk. In situations where patients are misdiagnosed with serious illnesses, they may be subjected to unnecessary treatments like invasive surgery or chemotherapy, which can have devastating side effects.

On the other hand, when a patient’s illness is diagnosed too late, or when a patient is not informed of or provided treatment for an illness that has been diagnosed, their health is also put at risk. As any medical malpractice lawyer can attest, delayed diagnosis is an especially grave error for patients with cancer. Many cancers are curable when they are identified and treated early, whereas cancers that are not
promptly diagnosed can metastasize – spread to other parts of the body – making it more difficult to successfully treat.

Can a Medical Malpractice Lawyer Help?

Medical malpractice lawsuits in Canada are notoriously complex and challenging to successfully litigate. In order for your claim to be successful, a medical malpractice lawyer must first prove that you were owed a duty of care by the defendant healthcare professional, that the defendant failed to deliver on that duty of care, that your injuries should have been reasonably foreseeable to the defendant, and that the defendant’s error or negligence was the proximate cause of your injuries. Proving each of these points is difficult, especially when the defendant is represented by the Canadian Medical Protective Association (CMPA), an organization that defends doctors against malpractice claims using aggressive, scorched-earth legal practices.

Despite the challenges involved, experienced misdiagnosis and delayed diagnosis lawyers have successfully brought personal injury claims against doctors in the past. If you believe that you are owed compensation, contact a personal injury lawyer today to arrange a no-obligation consultation.

Next Steps

After arranging a free, no-obligation consultation with a personal injury or medical malpractice lawyer, secure as much evidence as possible. Items like hospital records can help your lawyer assess the validity of your claim and construct a case.

It must be noted once again that medical malpractice lawsuits in Canada are lengthy, complex, and expensive affairs. Look for a delayed diagnosis lawyer that, like Neinstein, works on a contingency basis, meaning you will not pay legal fees until your case has been successfully resolved. If you are speaking with a misdiagnosis lawyer that is hesitant to represent you on a contingency basis, they are likely not confident in your claim.

Contact Neinstein Personal Injury Lawyers

If you or a member of your family has incurred damages as a result of a misdiagnosis or delayed diagnosis, contact Neinstein Personal Injury Lawyers today to arrange a meeting with an experienced misdiagnosis and delayed diagnosis lawyer. For more than four decades, Neinstein Personal Injury Lawyers has represented the victims of car accidents, boating accidents, slip-and-fall accidents, and
medical malpractice. Contact Neinstein’s Medical Malpractice Group today by calling 1-844-920-4242, emailing
info@neinstein.com, filling out the free consultation form on our contact page, or speaking with a representative via the Live Chat function in the bottom-right corner of this page. Our team is ready to assess your claim and help you begin your recovery process.

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Neinstein’s Medical Malpractice team is a highly-specialized, focused group of lawyers ensuring your ultimate care and success.

A correct diagnosis is vital to a successful recovery

When a patient is ill, they will often seek the help of a doctor or healthcare provider to diagnose what the problem is.  In order to properly diagnose the situation, a healthcare provider should review the patient’s medical history, order and review relevant tests, and ensure that the patient is made aware of important information along the way. Each of these steps helps ensure that the healthcare provider looks at all the contributing factors before diagnosing the patient. The process used to diagnose a patient’s medical condition is vital to good healthcare. Correct diagnosis ensures that the patient will receive the proper care and treatment they need as soon as possible.

An incorrect diagnosis of a medical condition can arise as a result of a variety of different reasons. Some of these variables include failure to review the patient’s full medical history, overlooking critical information found in various tests and imaging such as bloodwork, CT scans and MRI imaging, and improper reporting of test and image results. In some cases, crucial information is not presented to the patient due to the misplacement of documents and information. Any and all of these errors in the diagnostic process can lead to incorrect diagnosis which can ultimately result in delayed diagnosis or medical malpractice.

hospital error lawyersProper diagnosis is vital to good health care and should be the top priority for all healthcare providers. Though healthcare providers try to provide every patient with a correct diagnosis, mistakes do happen. The difference is when a mistake results in an incorrect diagnosis, there is more than just running a risk of inconveniencing a patient. Delayed diagnosis and medical malpractice can, and often do, result in poor patient health. . Patients who are victims of medical misdiagnosis claims are subject to a plethora of issues including but not limited to taking harsh and incorrect medications, undergoing invasive and painful procedures and testing, and finally, out of pocket costs.

Delayed diagnosis and/or medical malpractice can not only result in serious repercussions for a patient, but can also take an emotional and financial toll on their families. Delayed diagnosis can also lead to the progression of some illnesses. When this progression is allowed to take place, treatment needs to become more and more aggressive to compensate. This means patients may have to undergo treatment, or take medications that are harsher and possibly more expensive. For instance: a delayed diagnosis of conditions such as cancer or stroke, may lead to significant long term and chronic consequences such as cancer progression or brain injury after a stroke. These consequences are ones that need to be treated more aggressively and may have been avoided with earlier diagnosis and, by extension, treatment.

An incorrect or misdiagnosis of a patient can also mean diagnosing a patient with a more severe disease or illness than is actually present. Rather than causing the progression of an illness like what a delayed diagnosis may cause, misdiagnosis can result in a patient undergoing more severe, harsh and invasive treatment than would have originally been necessary. In some cases, these treatments can cause an abundance of additional problems not originally present.

A delayed or incorrect diagnosis can be grounds for a misdiagnosis claim, and compensation. If you have found yourself in a situation where you had to give up work, pay out of pocket expenses or experienced a delayed recovery as a result of delayed diagnosis or medical malpractice, you may have just cause to make a medical misdiagnosis claim and receive compensation. Though you may be tempted to try and undertake this process on your own, it is often best to consult and hire a medical malpractice lawyer.

Medical misdiagnosis claims are difficult to put together, using a medical malpractice lawyer however, makes the process a little easier. Medical malpractice lawyers are beneficial in more than one way; first, they give you a sense of ease that someone who knows your case and knows the law is on your side. Second, medical malpractice lawyers bring both experience and credentials to your lawsuit when trying to handle a medical malpractice claim, ensuring that your case has the best chance of success.

The most capable medical malpractice lawyers in Toronto can be found at Neinstein LLP. We have successfully handled many misdiagnosis/delay of diagnosis cases including missed or delayed cancer diagnoses; specifically- breast, colon, cervical, and lung cancer. We have also represented clients in cases involving missed stroke diagnosis, delayed infection diagnosis, and delays in diagnosing brain, kidney, and heart conditions.  We understand the medicine and we know the law.  We can help you determine whether there is a basis for a medical misdiagnosis claim and assist you in getting the compensation you deserve.

Neinstein have been representing individuals for over 40 years providing services in a variety of different languages to ensure you get the best legal help possible. When you choose Neinstein as your  medical malpractice lawyers you are choosing lawyers that will work to ensure you get the medical misdiagnosis and delayed diagnosis  assistance you are entitled to. To investigate your medical malpractice claim, Neinstein will work to gather and preserve all the necessary information and evidence needed to win your case. The medical malpractice lawyers at Neinstein LLP are on your side and will be able to investigate your case while cross referencing the knowledge they have gained from their past experiences in the medical malpractice field.

Secure the best possible chance of claiming  compensation for your medical misdiagnosis or compensation for your delayed diagnosis by hiring a  medical malpractice lawyer. If you or someone you love has suffered from a delayed diagnosis or misdiagnosis contact the medical malpractice lawyers at Neinstein LLP. We have the experience and have successfully handled many medical misdiagnosis claims. We will walk you through the legal steps required for you to claim your compensation for delayed diagnosis or misdiagnosis, and grant you access to any additional care you may need to help in your recovery.

If you are considering filing a delay in diagnosis lawsuit, or are simply wondering whether or not you have a case to pursue, contact a medical malpractice lawyer at Neinstein today. Still recovering?  We can arrange for special transportation that meets your needs, or have one of our representatives come to you for a free, no obligation consultation.

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