Winnipeg Medical Malpractice Lawyers - Manitoba Negligence Claims

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Personal Injury Lawyers

There are over 100,000 serious injuries and over 24,000 fatalities in Canada every year caused by clinical negligence. Taking legal action to claim compensation for personal injury caused by medical negligence is a complex matter. It is necessary for a Winnipeg medical malpractice lawyer to prove negligence and thereafter to show that the injury was caused by the negligent act. Negligence occurs when treatment fails to reach a reasonable standard which is determined by the standard of a reasonably competent healthcare professional. Once negligence has been demonstrated a Winnipeg medical malpractice lawyer must show that the injury sustained was as a direct result of the negligent act rather than the effects of the ongoing underlying illness. These issues are determined by evidence usually in the form of medical reports obtained from independent medical specialists.

Informed Consent

In addition to taking action for negligence there are also a large number of cases instigated by Winnipeg medical malpractice lawyers as a result of a lack of informed consent. Before a patient undergoes treatment it is necessary for a healthcare professional to fully explain the procedure and to outline risks and side effects and offer advice on any other forms of treatment that may be available. Failure to provide sufficient information means that the patient cannot make an informed decision to consent to treatment and if that be the case then in the event of an adverse outcome, even when the undesired consequence is a well known risk factor, then the healthcare provider will be deemed to have behaved negligently with an appropriate award of damages for medical malpractice. On the other hand if the healthcare professional did offer adequate information and the patient gave proper informed consent then there will be a complete defense to allegations of medical malpractice by way of lack of informed consent provided that the treatment was not carried out negligently.

Time Limits

A Winnipeg medical malpractice lawyer will help you to understand clinical negligence law and everything else that is involved in making a personal injury compensation claim. Time limits are an important issue that must be considered in all cases. A Winnipeg medical malpractice lawyer will need to either settle your claim or file your claim in a court of law within a certain period of time known as the limitation period, failing which the opportunity to claim compensation may be lost forever. There are exceptions and extensions for minors and the mentally incapacitated however it is advisable to take advice on limitation from a Winnipeg medical malpractice lawyer at the first possible opportunity.

Winnipeg Medical Malpractice Lawyers

Our Winnipeg 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.