Medical Malpractice Lawyer
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In the field of personal injury law, medical malpractice arises when a healthcare professional or provider administers treatment that is considered to be inadequate, leading to harm, injury, or the death of a patient, either through negligence or omission. These claims are unique in that physicians typically have strong legal protections in place, which can make proving the case more challenging when compared to other lawsuits.
Medical Malpractice: What You Need To Know
Doctors and other medical professionals in Canada are backed by the Canadian Medical Protective Association, which provides defence funds in the event they are sued for breach of care. This level of protection discourages many from pursuing legal action, as it is widely seen that the defence will have a stronger legal team than the plaintiff can provide.
Further, a study found that physicians win 80% to 90% of jury trials with weak evidence, painting the picture of an uphill battle for many who might be seeking fair compensation for what happened to them.1
While these cases tend to be more intricate than others related to personal injury law, rest assured Bergeron Clifford is here to help. Our experienced lawyers have a proven track record and commitment for ensuring our clients receive fair compensation for their injuries. If you believe you have a medical malpractice case and need a lawyer, please reach out to us.
Medical Errors and the Healthcare System
It has been estimated that medical errors impact up to 25% of Canadians in some way.2While these errors cover a wide range of treatments, diagnoses, and surgeries, it is important to note that patients expect a consistent and standard quality of care.
Doctors are also expected to obtain informed consent throughout various aspects of health care processes, such as before treatments, which includes explaining the benefits of the treatment, the possible risks of treatment, and the alternatives to treatment.3 Failure to do so may constitute negligence. This is where medical malpractice lawyers step in.
How a Medical Malpractice Lawyer Can Help
When the standard of care is compromised, people can suffer from enduring significant personal losses. In 2022 and 2023, 1 in 17 hospital stays resulted in some kind of patient harm. In our experience, victims of medical malpractice often deal not only with pain and disability but with a sense of betrayal and regret. When malpractice involves injuries to children or results in fatalities, the betrayal and regret may be overwhelming.
Medical malpractice claims need to be acted on quickly and with skill. Knowing the laws is one thing, but having the experience and resources to fully understand and make a case is another. At Bergeron Clifford, our medical malpractice lawyers are equipped with all the tools required to get you compensated. Our medical malpractice lawyers have the track record and know-how to handle the most intricate and demanding cases.
If you or someone you care for is suffering as a result of medical malpractice, contact us. We will connect you with our expert medical malpractice lawyers.
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Warren WhiteKnight
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Contact Us Today
If you are a victim of medical malpractice, contact us at 866-535-5003 or fill out our online form. We represent clients throughout Eastern Ontario and can meet you at our offices in Kingston, Ottawa, Whitby, Carleton Place, Perth, at your home or hospital, or wherever is most convenient for you. Contact a medical malpractice lawyer today.
Frequently Asked Questions
Determining if you have a medical malpractice case requires careful examination of your situation. Our team of experienced lawyers will review your medical records and consult with experts to assess the care provided against the accepted standard. We understand this can be a distressing time, and we are here to provide guidance and support every step of the way.
In a medical malpractice case, you may be eligible to recover various damages, known as punitive and non-punitive expenses. This can cover compensation for medical expenses, lost wages, pain and suffering, and other related losses. To better understand the potential compensation available, please reach out to us and request a free consultation.
Several factors come into play that can impact the timeline of these claims. While some cases may settle relatively quickly, others may require litigation and could take longer to resolve. Throughout the process, our dedicated legal team will keep you informed and strive to achieve a resolution as efficiently as possible while prioritizing your well-being and best interests.
At our firm, we understand the financial strain you may be under due to your circumstances. That is why we operate on a contingency fee basis. This means there are no initial fees associated with our services, and we only get paid if we successfully recover compensation for you.
Yes, you can pursue a medical malpractice claim on behalf of a deceased loved one through a wrongful death lawsuit. While nothing can undo the pain of losing a family member, holding negligent parties accountable can provide a sense of justice and closure. Our compassionate legal team is here to navigate you through this process with empathy and skill, seeking fair compensation for your loss and advocating for accountability.
Sources
- Peters, Philip G. 2008. “Twenty Years of Evidence on the Outcomes of Malpractice Claims.” Clinical Orthopaedics and Related Research 467 (2): 352–57. https://doi.org/10.1007/s11999-008-0631-7.
- Gagnon, L. 2004. “Medical Error Affects Nearly 25% of Canadians.” Canadian Medical Association Journal 171 (2): 123–23. https://doi.org/10.1503/cmaj.1041037.
- Shah, Parth, Imani Thornton, Danielle Turrin, and John E. Hipskind. 2021. “Informed Consent.” PubMed. Treasure Island (FL): StatPearls Publishing. 2021. https://www.ncbi.nlm.nih.gov/books/NBK430827/#.
