Quebec Medical Malpractice Lawyers - Negligence Claims

LAWYER HELPLINE: ☎ 855 804 7142

 

Every year in Canada, there are in excess of 20,000 wrongful deaths caused by clinical negligence in addition to over 100,000 serious injuries resulting from erroneous treatment by healthcare professionals. Only a very small percentage of these potential financial claims are investigated by a Quebec medical malpractice lawyer meaning that by far the majority of injuries go without compensation thereby ensuring that some medical facilities continue injuring patients at will.

Standard of Care

Without exception medical professionals try their best to provide ideal treatment however mistakes unfortunately do occur either by accident or because of lack of skills. To justify an award of compensation a Quebec medical malpractice lawyer must prove negligence and thereafter show that the patient was damaged by the negligent act as opposed to injury caused by a progressive underlying illness. Proof of these matters depends on evidence usually in the form of specialist independent medical reports which are produced to the court dealing with the matter. To show negligence it is necessary to prove that the treatment is below the standard of that which is achievable by a reasonable competent healthcare practitioner operating under similar circumstances.

Informed Consent

In addition to negligence, it is possible for a Quebec medical malpractice lawyer to obtain compensation if the patient did not give 'informed consent' to the procedures used in treatment of the illness. It is incumbent on a health care practitioner to furnish the patient with full details about proposed treatment and to outline risks, potential side effects and alternative treatment that may be available. Only in this way can a patient make an informed decision to proceed with the proposed treatment. If there is inadequate disclosure then the healthcare practitioner may be liable to pay compensation in the event of an adverse event which may be as straightforward as a recognized risk or side effect. Provided that the patient is fully informed there is little chance of being awarded compensation for a failed procedure unless that treatment was carried out negligently.

Limitation Periods

To be successful in a compensation claim, a Quebec medical malpractice lawyer will have to adhere to time limits. These statutory time limits or limitation periods are crucial and should not be taken lightly. If an application for an award of compensation hasn't been settled or filed in a court of law in a timely fashion, the opportunity to claim compensation may be lost and usually cannot be restored. These expiration dates, which are outlined in a statute of limitation, vary however there may be exceptions and extensions for minors or the mentally incapacitated. The reason for imposing a limitation period is because memories fade, witnesses move or die and documentation may be lost or corrupted. Quebec medical malpractice lawyers who specialize in clinical negligence are well aware of these time limits and will give detailed advice to ensure that you do not lose your legal right to claim compensation.

Quebec Medical Malpractice Lawyers

Our Quebec 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