LAWYER HELPLINE: ☎ 855 804 7142

There are well over 100,000 medical accidents causing serious personal injury in Canada every year and that figure does not take into account over 20,000 deaths caused as a result of medical negligence. In order for a Kitchener medical negligence lawyer to take action for compensation for personal injury as a result of erroneous medical treatment it is necessary to prove negligence and thereafter it must be demonstrated that the negligent act caused the injury which may well de disguised by an underlying progressive illness. These issues are usually resolved by evidence in the form of medical reports from specialist doctors. To prove clinical negligence a Kitchener medical negligence lawyer must show that the standard of care by a healthcare practitioner was below the standard that may be expected of a reasonably competent healthcare practitioner given the same or similar circumstances.

Informed Consent

It is also possible for a Kitchener medical negligence lawyer to obtain compensation for a patient who suffers from an adverse event if that patient has not had risks, side effects and potential alternative treatment fully explained by the treating healthcare practitioner. The treatment may be carried out competently however if the patient suffers from a well known risk or side effect and the potential for these issues to arise was never fully explained then the patient may claim compensation for medical malpractice even if the treatment was carried out competently with no question of negligence. If there was full disclosure and informed consent was obtained the treating healthcare practitioner will not be liable to pay compensation unless the work was in fact carried out negligently.

Time Limits

Time limits are an important issue in personal injury compensation claims and in general terms a claim must be settled or proceedings must have been filed in a court of law before the expiration of the limitation period failing which the opportunity to claim compensation may have been lost forever. There are exceptions to the general rules for minors and for the mentally incapacitated. Limitation issues are often very difficult legal matters and advice should always be obtained directly from a Kitchener medical negligence lawyer as soon as possible after the negligent act in order to preserve your right to receive compensation.

Kitchener Medical Malpractice Lawyers

Our Kitchener medical malpractice lawyers offer free initial advice without further obligation. We are usually able to offer contingency fee arrangements which mean that we only charge for our legal fees in the event that the claim succeeds and a settlement of damages is received. If we do not claim successfully then we do not make any legal charges. If you would like to speak to a lawyer just complete and send the contact form or email our offices and a specialist clinical negligence lawyer will call you to discuss your potential case with no charge and no further obligation. We will attempt to provide instant advice over the telephone on the viability of your potential claim and the amount that you could expect to receive in the event of a successful outcome.

LAWYER HELPLINE: ☎ 855 804 7142