Personal Injury Law
Medical Malpractice Lawyer
Personal Injury Law
Medical Malpractice Lawyer
During treatment, poor judgment or human error could sometimes lead to serious injury or even the wrongful death of the patient. Canadian law allows the patient or their family members to initiate legal proceedings against the medical practitioner or institution for damages in such cases. In case of wrongful death, the estate or the immediate family members of the deceased might file the claim through our medical malpractice lawyer.
At Nanda & Associate Lawyers, our personal injury lawyers have successfully helped numerous clients secure fair compensation in their medical negligence cases, allowing them to rebuild their lives. Our ‘No Win, No Fee’ policy allows our clients to focus on their recovery without worrying about the legal expenses. You can always rely on our experienced personal injury lawyers will fight for your rights and help you secure the maximum compensation you are entitled to! Connect with our personal injury lawyers today.
Our Personal Injury law services
- Boating Accidents
- Bicycle Accident
- Car Accidents
- Catastrophic Injury
- Chronic Pain
- Cross-Border Injury
- Dog Bite Injury
- Fractures and Orthopaedic Injuries
- Liability in Personal Injury
- Long Term Disability Insurance
Claims - Medical Malpractice
- Motorcycle Accidents
- Nursing Home Negligence
- Occupiers’ Liability
- Pedestrian Accident
- Product Liability
- Slip & Fall Injuries
- Spinal Cord Injury
(Neck, Back, Whiplash & Spinal Cord Injuries) - Sports Injury
- Traumatic Brain Injury (TBI)
- Truck Accidents
- Wrongful Death
What is medical malpractice?
In simple terms, medical malpractice refers to the failure of a medical professional to perform their function in helping the patient, thereby making the situation worse. However, under the personal injury law, it is important that you prove that the defendant’s negligence caused the injuries, thereby holding him liable for the damages. Such a claim must satisfy the following requirements under law:
Duty of Care:
This refers to the obligation of the defendant towards the victim. In a medical malpractice case, this refers to the obligation of the medical professional to provide the necessary care and assistance to the patient.
Standard of care:
The level of care that a reasonably prudent and diligent healthcare provider would provide under similar circumstances. In other words, a doctor’s actions are assessed against the standard of care expected of a physician in their specialty.
Breach of duty of care:
When the medical professional fails in their duty of care, this can be seen as a breach of care under the law. In other words, the defendant’s actions did not meet the standard of care expected.
Injury:
There must be significant and actual damages caused by the breach of care. This could be physical injuries, pain and suffering, emotional distress, or financial loss in terms of medical expenses and lost income.
Causation:
The most important aspect of a personal injury case is to prove that the negligence of the defendant caused the injuries.
What are the different types of medical malpractice cases?
Some of the common types of medical malpractice cases are as follows:
Wrong or delayed diagnosis:
It is the duty of the healthcare provider to diagnose the condition correctly and to do so before it worsens the patient’s condition. The failure to meet this standard of care might cause serious injury to the patient, leading to a medical malpractice claim.
Wrong treatment:
Subjecting the patient to the wrong treatment can also cause serious physical damage and unnecessary pain and suffering.
Errors during the surgery:
Surgical errors, such as operating on the wrong patient or a healthy organ, can cause irreversible damage to the patient.
Negligence in prescribing medication:
Prescribing the wrong medication or the incorrect dosage can also cause irreparable injury.
Failure to inform the patient of the risks:
It is the duty of the medical professional to fully inform the patient of all the risks and side effects involved in the prescribed treatment. In the event of an injury from a side effect, the failure to inform the patient will also be considered medical malpractice.
How can a medical malpractice lawyer help you?
A medical malpractice claim is highly complicated to prove since it requires investigation and testimony from experts in the medical field to prove the liability. You will require the assistance and guidance of an experienced personal injury lawyer from the very beginning. Your lawyer can help you with the following:
Checking the validity of your claim.
As mentioned above, you need to prove that the negligence of the defendant caused your injuries. For example, if it cannot be proven that the illness worsened because of the negligence of the defendant, you may not have a valid claim to begin with.
Building your case by collecting evidence and records.
Your lawyer will act on your behalf while you are recovering from your injuries and collect all the medical records, test results, hospital bills, and testimonies from medical experts to strengthen your claim.
Establishing negligence.
As mentioned above, the success of the personal injury claim will depend on proving the liability of the defendant in causing the injury. By gathering the necessary evidence and expert testimonies, your lawyer will prove the liability of the defendant in your case.
Negotiating with the insurance providers.
If possible, it is best to settle the claim through negotiations rather than going to court, which can be very expensive and time-consuming. Let your lawyer represent you in the negotiations and advise you on the best course of action.
Fighting for maximum compensation for you.
In trying to settle the claim through negotiations, the insurance providers might try to reduce your compensation, citing various reasons, while your lawyer will fight for a just and fair compensation amount for you.
Representing you at the trial.
If the negotiations were not fruitful, then your next option is to take legal action. Your lawyer will represent you in court, and they will fight to ensure that you are awarded suitable compensation as damages for your injuries.
How We Can Help
Contact our personal injury lawyers for any legal guidance and assistance in your medical malpractice claims. Schedule an appointment with our personal injury team for a consultation today.
Frequently Asked Questions
Can I sue my doctor for a delayed diagnosis?
Yes, you may file a medical malpractice claim in case of a delayed diagnosis if it can be proven that the delayed diagnosis led to significant harm.
Can I file a wrongful death claim on behalf of a family member who died from medical negligence?
Yes. However, only immediate family members of the deceased are eligible to file the personal injury claim on their behalf. In most provinces, the following family members can file a wrongful death claim:
- Spouse.
- Children or grandchildren.
- Parents or grandparents.
- Siblings.
Can the hospital be held liable for the medical malpractice?
Yes. In most cases, you can hold the healthcare professional as well as the institution liable for the injury. The hospital can be sued for the following reasons:
- They employed the negligent staff responsible for causing the injury, especially in cases where they failed to check their history of malpractice cases.
- They failed to provide proper training to the staff, or there was a shortage of trained staff at the hospital.
- They failed to implement proper treatment protocols or to provide necessary equipment, which led to your injury.
As mentioned above, you will have to prove that their negligence led to your injury.
Is there a time limit for medical malpractice lawsuits?
Under Canadian law, civil lawsuits are subject to the two-year statute of limitations. There can be some variation to this time limit across provinces and territories. There are also instances where you can file a medical malpractice claim even after the two-year limit. Under the discoverability principle, the time limit of two years will only start on the day you discovered your injury and realized that it was caused by medical negligence. Similarly, if the victim was a minor at the time of the treatment, the two-year statute of limitations will only start on the day they turned 18. Consult our personal injury lawyer to find out what applies in your case.
With my mounting hospital bills, I cannot afford a lawyer. What are my options?
Your best option in such a situation is to look to engage a lawyer on a contingency fee basis. A lot of reputed law firms, such as Nanda and Associate Lawyers, offer their legal services in personal injury cases on a contingency fee basis. The fee will be contingent upon their securing the compensation for you in the case, and it will be deducted from the final compensation award. On the other hand, if they fail to win the compensation in your case, you are not required to pay them.
How can I be sure that I have a valid case of medical negligence?
It is true that medical negligence cases are complex and technical in nature, and they require testimonies from medical experts to prove the liability of the medical practitioners or the hospital involved. While your doctor might claim that they followed all the treatment procedures correctly, you might get a second opinion from another medical practitioner pointing to possible negligence or liability. It is best to consult an experienced personal injury lawyer who has handled similar cases in the past to investigate your case and assess its legal validity before you proceed.
