Medical Malpractice – How to Claim Compensation

by | Mar 15, 2016 | Uncategorized

Medical Malpractice – How to Claim Compensation

Instances of medical malpractice and consequent lawsuits are becoming more common across Canada. Medical malpractice is simply a term that refers to a medical negligence committed by a doctor, nurse or any other medical professional, leading to injury or wrongful death.

It is important to understand that not every bad outcome in medicine is the result of medical malpractice.An element of risk is associated with almost all medical procedures and there are some illnesses that no medical treatment can cure. In Ontario, doctors, nurses and other medical professionals are responsible only if their treatment fell below a standard of acceptable care. Medical professionals are held to a standard of reasonable care, not perfect care.

Some of the most common examples of medical malpractice include birth injuries, diagnosis errors, emergency errors, anesthesia errors, errors during surgery, prescribing or administering wrong medications, negligent hospital procedures, irresponsible patient monitoring, errors in the labs, etc.

If a medical procedure results in an unfavorable outcome and is caused by a breach of the standard of medical care, it may lead to a successful medical malpractice lawsuit.

In Ontario, due to the sheer complexity and high costs associated with medical malpractice claims, the threshold for taking on such claims is high. That is to say, the costs to investigate and prosecute a medical malpractice claim are substantial; well into the thousands of dollars. Therefore, unless the injuries suffered by the patient are significant, it may not be economically feasible to start a medical malpractice claim.

If you or someone you care about has suffered serious permanent damages as a result of a negligent act or omission by a health care professional, we can help. For many years, the lawyers at Mackesy Smye have been representing medical malpractice victims.

There is a wide array of cases that may qualify as medical malpractice, and our lawyers are well-trained to handle any number of them.

Contact our trusted medical malpractice lawyers for a free consultation.

 

Personal Injuries at Provincial Campgrounds

Personal Injuries in Provincial Parks – do you know what to do if you get hurt at a provincially run campground this summer? And what about deadlines? Learn who’s accountable and how quickly you need to consult with a lawyer.

Suing for Whiplash – A Pain in the Neck

Whiplash is perhaps the most common injury associated with auto collisions. But many insurance companies are suspicious of whiplash claims and will do anything to deny payment. Read the full article to learn more.

Personal Injury Claims & Social Media

Don’t Self-Sabotage on Social Media – the defence is looking to discredit you, and you might be giving them everything they need. Use social media responsibly during your trial so that your posts can’t be used against you – read the full article to learn more.

Slips, Trips & Falls – Business vs Private Residence

Where you had your accident can matter as much as why you got hurt. The Occupier’s Liability Act holds businesses and homes to different standards. Find out how this could affect your case, read the full article to learn more.

Bicycle Accidents and Personal Injuries

Cyclists assume way more risk than drivers. And if the two ever collide, the cyclist’s injuries could be serious and permanent. If you’ve been hurt in an accident involving a car or truck read the full article to learn more.

Loss of Limb – Potential Impacts to Lawsuit

The nature and severity of amputation make it unique among personal injury claims. Make sure you’re taking everything into consideration before submitting your claim – read the full article to learn more.

Dangerous Street Racing & Stunt Driving – Personal Injury Lawsuits

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury and the Canada Revenue Agency

If you win a personal injury lawsuit in Ontario, how much will you lose in taxes? How do you hold onto it and keep it out of the hands of the taxman? Click here to learn about tax-free structured annuities.

Autonomous Driving Accidents & Personal Injury

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury Claims & Accidents Involving Uber or Lyft Drivers

When ridesharing becomes accident-sharing – who’s responsible for injuries when Lyft and Uber drivers are involved in a crash? For simple answers to this complex and complicated question, click here for our comprehensive guide to ridesharing injuries.