MEDICAL MALPRACTICE LAWYERS
Access to quality healthcare is right available to all Canadians. But what happens when the doctor, nurse of other treatment provider has made an error and caused injury? This may be medical malpractice.
Medical malpractice cases are complicated and more difficult than typical personal injury cases. Advancing a medical malpractice lawsuit involves a specialized knowledge of both the area of medicine involved and the law.
At Wallace Smith LLP, our team of experienced medical malpractice lawyers are dedicated to helping victims of medical negligence in personal injury cases. With years of experience in handling complex medical malpractice cases, Wallace Smith LLP has the knowledge and resources to effectively advocate for their clients and hold medical professionals accountable for their actions.
What are some common medical malpractice claims?
Our experienced team can help you with the following:
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Birth trauma including Brachial Plexus injuries, Cerebral Palsy, hypoxic ischemic encephalopathy (HIE), hypoglycemia, jaundice/kernicterus, and developmental delay
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Traumatic brain injuries
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Infections
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Misdiagnosis or delayed diagnosis
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Surgical error
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Prescription error
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Medical records errors
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Anesthesia errors
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Hospital and nursing home falls
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Wrongful death
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Hospital error
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Hospital negligence
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Over-treatment
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Equipment malfunctions
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Breach of informed consent
What is required to establish a medical malpractice claim?
It is necessary to establish each of the following to succeed in a medical negligence claim:
1. Standard of Care: that the doctor, nurse and/or hospital staff fell below the standard expected of an average doctor, nurse and/or hospital staff with the same academic qualifications licensed to practice in the same area would have provided to that particular patient. A mere error in judgment is not sufficient to establish a breach in the standard of care.
2. Causation: that the breach in the standard of care caused an injury.
3. Damages: that the injuries have value.
A patient may also advance a medical malpractice claim on the basis that the treatment was rendered without informed consent. Informed consent is a process that requires a doctor to tell a patient of the diagnosis and prognosis, treatment options available and the benefits and risks of each treatment option. If a doctor fails to identify a material risk that materializes, the doctor may be held liable.
A patient may also advance a medical malpractice claim on the basis that the treatment was rendered without informed consent. Informed consent is a process that requires a doctor to tell a patient of the diagnosis and prognosis, treatment options available and the benefits and risks of each treatment option. If a doctor fails to identify a material risk that materializes, the doctor may be held liable.
What types of compensation can I recover for medical malpractice claims?
"Damages" is the legal term used to describe compensation for injuries. In a medical malpractice claim, an injured person has four potential categories of damages as follows:
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Pain and suffering, loss of enjoyment of life and loss of amenities
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Loss of income or earning capacity
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Loss of household and handyman capacity
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Future cost of care
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Special damages including out-of-pocket expenses
Close family members of an injured person also have a right to advance what are referred to as a Family Law Act claims. The main categories of compensation for family members are as follows:
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Loss of guidance, care and companionship.
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The value of nursing, housekeeping and other services the family member has performed or will perform for or on behalf of the injured person.
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Loss of income.
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Reasonable expenses incurred on behalf of the injured person.
How can we help your medical malpractice case?
The lawyers at Wallace Smith LLP have years of medical malpractice experience. We understand how vigorously these cases are defended by the doctors, nurses and their lawyers. We know how to retain advance these claims with expert evidence. We focus on listening to our client's story so we can best advocate on their behalf.
If you think you have been injured as a result of medical malpractice, please reach out. We offer free consultations and can meet virtually or in person. Our experienced team of lawyers will review your case and provide legal advice on how to proceed.