LAWYER HELPLINE: ☎ 855 804 7142

The undisputed annual figures for wrongful death due to medical malpractice that occur in Canada are alarming. There are more than 24,000 deaths due to clinical negligence in Canada every year plus over 100,000 lesser injuries. Ontario accounts for almost 2,000 annual deaths due to medical malpractice with over 1,000 of those deaths occurring in Toronto alone. As shocking as these figures are, notwithstanding that Toronto is a large metropolis less than 10% of wrongful deaths and serious injuries were investigated by a Toronto medical malpractice lawyer for the purpose of taking legal action against the healthcare provider.

Clinical Negligence

To succeed in a clinical negligence compensation claim, a Toronto medical malpractice lawyer must prove that the patient was harmed due to treatment that was below an acceptable standard. In some cases it can be difficult to distinguish between injury caused by negligence and injury caused by the natural progression of the ongoing illness. It is also often hard to tell what the outcome would have been if proper treatment had occurred. Regardless of how difficult the investigation process, a medical malpractice lawyer works to get to the bottom of it by use of expert witnesses who are usually medical specialists.

Standard of Care

The main cause of clinical negligence relates to the level of care offered to the patient which must reach a reasonable standard. If the standard of care was inadequate and that failure caused personal injury then a Toronto medical malpractice lawyer may be in a position to make a compensation claim. Mistakes can happen in many different medical environments and any type of clinical service that has the responsibility of caring for a patient may give improper treatment. All healthcare practitioners including doctors, nurses, dentists and technicians are bound by the same rules and legal action claiming compensation for personal injury can be taken against anyone who may be described as a healthcare provider.

Informed Consent

One of the principle methods of medical malpractice relates to the issue of informed consent. This is a requirement for a healthcare practitioner to disclose all information and facts about the proposed treatment to allow the patient to make the best decision for their needs. Informed consent covers the type of treatment, all medical procedures and medications and also covers the risks that the patient may face in addition to potential side effects. All relevant information must be properly communicated by the healthcare provider to the patient and acknowledged by the patient. If this is not done properly the healthcare provider may be deemed to have been negligent and compensation for medical malpractice may be awarded following an adverse event that causes personal injury. If consent on the basis of the provision of full information was communicated to the patient then it is unlikely that the fault will rest with the health provider.

Time limits

The timing of a compensation claim by a Toronto medical malpractice lawyer is crucial and is governed by a statute of limitation. Compensation claims must either be settled or legal proceedings must have been issued in a court of law within the limitation period which varies from one state to another. The reason for imposing a time limit is because things often change that can impact the case such as lost documents, fading memories or deceased witnesses. The statute of limitation must be taken seriously as the opportunity to claim damages for personal injury can be lost forever. Limitation law does however take into consideration the needs of those who do not have the capacity to understand what has happened including minors and those with a mental disability who will typically have an extended time limit.

Contingency Arrangements

A Toronto medical malpractice lawyer can assist you in understanding your rights and help you to successfully claim the compensation that you deserve. Many personal injury lawyers will make a contingency fee arrangement which means that unless a settlement is received, the medical malpractice lawyer will not receive payment for legal services. Finding a lawyer that specializes in clinical negligence compensation claims is important to ensure that you have the best chance to receive damages that are rightfully yours.

Toronto Medical Malpractice Lawyers

Our Toronto medical negligence 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