Medical Malpractice Lawyers | Servicing Toronto and all of Ontario

Have you or a loved one been subjected to medical or hospital treatment that was negligent, thoughtless, or even dangerous? If that's the case, you'll need a lawyer on your side to make sure you're protected legally and adequately rewarded. MMPLT fights for persons who have had their trust and care betrayed and are familiar with the nuances of these situations.

Medical Malpractice Most Common Causes

The following are some of the most prevalent reasons for medical malpractice:

  • Misdiagnosis causes a delay in diagnosis.
  • Surgical Mistakes
  • Errors in Medical Records
  • Errors in Prescription Medication
  • Anesthesia Errors in Birth Trauma
  • Errors in Medicine
  • Negligent Care in Other Forms

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How Do You Prove Medical Malpractice in Canada?

To demonstrate that your health care provider was negligent in delivering treatment to you, you must be able to show two things: 1) that they violated the standard of care, and 2) that the violation resulted in the harm or damage in issue - this is known as "causation" in the legal world.

You must show that the care and treatment supplied fell below the widely recognized standards of a similarly competent practitioner delivering the same treatment to establish a violation of the standard of care. Every medical profession has its own standard of care. A family physician, for example, is subject to a different level of care than a general surgeon. It's vital to understand that the standard of care isn't perfection or the greatest care possible; rather, it's the minimum that a medical provider must meet.

Expert evidence is required to determine the standard of care relevant to certain healthcare professionals and whether the standard was broken. We enlist the expertise of top medical specialists to estimate the possibility of a breach so that we can establish it in court.

Because medical therapy is complicated and may include several healthcare professionals, proving causation is frequently the most difficult obstacle to overcome. Furthermore, since you first sought medical advice because of a health problem, proving that your damage was caused by medical malpractice rather than the original health problem might be challenging.

Your case is likely to prevail if you can establish that a health care provider's violation of the standard of care caused the injury or damage in the issue.

How Hard is it to Win a Medical Malpractice Lawsuit in Canada?

It will take around four years to complete your case. The following are the steps in a medical malpractice lawsuit:

  • Obtaining relevant medical documents and investigating the case's merits
  • Serving the Statement of Claim on the opposing party is the first step in the process.
  • Receiving the Defense Statement
  • completing the discovery process, including discovery examinations
  • Conducting mediation and, if necessary, proceeding to trial

Many lawsuits may be settled without the need for a trial. However, extra measures, such as attending a Pre-Trial Conference, are conducted before trial if your case does not determine during or after mediation. Though your lawsuit may take a long time to resolve, we will examine and analyze your case at every level of the process and discuss your case's merits with you.

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How likely is it that my case will get to Trial?

Medical malpractice cases are more complex and hazardous than other personal injury cases, and there is no assurance that the other side will settle before the Trial. While we prepare for the test, we make every attempt to settle your case. We always talk about the expert views and your prospects of winning at Trial, so you may make an educated choice about whether or not to pursue your claim.

In Canada, how can I file a medical malpractice lawsuit?

After our first discussion, if hired, we will examine liability by seeking medical records from your healthcare providers and getting an expert opinion. Then, we will produce a Statement of Claim, filed with the court and served on the healthcare providers who are being sued, assuming the expert opinion is favorable. A Statement of Claim is a document that outlines the parties involved, the claims of negligence, and the harm you sustained as a consequence of your actions.

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What Happens After I File a Claim Statement?

We acquire Statements of Defence and perform Discovery Examinations once the Statement of Claim is made and served. This is the first crucial stage after filing the Statement of Claim, and it functions similarly to a Pre-Trial hearing. All parties are compelled to testify under oath regarding the issues at hand. Each party may learn about the evidence that supports the other's argument via this approach. We re-evaluate your case once the Discovery Examinations are done to decide whether it should go to Trial. The expected expenditures are then discussed, and a date for the Trial is determined if necessary.

What Kinds of Medical Malpractice Cases Do You Work On?

Our medical malpractice team of more than 30 attorneys and employees has decades of expertise. As a result, we've gone through a wide range of scenarios. The following are some of the most prevalent malpractice instances we handle:

  • Misdiagnosis Delayed Brachial Plexus Injuries and Cerebral Palsy are among the injuries that may occur during labor and childbirth.
  • Amputations That Could Have Been Avoided
  • Infections that aren't treated right away
  • Treatment Errors and Failure to Treat Excessive Treatment
  • Errors in Surgery and Anesthesia
  • Errors in Medicine
  • Errors in Prescription Drugs
  • Falls in Hospitals and Nursing Homes
  • Equipment Mistakes in Nursing Homes
  • Informed Consent Breach

How Many Years Do You Have to Sue for Medical Malpractice in Canada?

In most cases, you must bring a lawsuit within two years of the occurrence, or you may lose your entitlement to compensation. However, you may not know you have been injured or that a health care practitioner has been irresponsible until later. You may be given some leeway with time constraints in some situations. Bogoroch & Associates can tell you whether you've gone over the time restriction.