Have You Been Injured?

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Car Crash? Personal Injury?  Medical Malpractice? Slip and Fall?

HAVE YOU BEEN INJURED OR HARMED

 DUE TO MEDICAL MALPRACTICE or NEGLIGENCE?

Personal Injury can also mean damages or injury to character or reputation..... defamation of character.

If you or your loved one has been injured there's only one smart step to take -

Use CanLaw's Lawyer Referral Services to hire a good malpractice lawyer

Doctors can and do make mistakes which can leave a patient with serious injuries
An experienced long term disability  lawyer can make sure you obtain all the compensation to which you are entitled.

WERE YOU INJURED BY A MEDICAL PROCEDURE?

DO YOU HAVE A WINNABLE MALPRACTICE CASE?

Doctors, nurses, dentists and other health care practitioners can and do make mistakes.

if you are injured as a result, use CanLaw's Lawyer Referral Services to find a medical malpractice lawyer.

You may be entitled to compensation for some or all of the following:

  • Injuries, pain and suffering, usually referred to as general damages
  • Loss of income and/or ability to earn income
  • Housekeeping and home maintenance expenses
  • Health care expenses not covered by insurance or other sources

There are two areas where malpractice

injuries are actionable:

1. Negligence of a doctor or nurse.

2. Failure to obtain your informed

consent regarding any treatment

STANDARD OF CARE DEFINED

Standard of Care

There is no liability for an honest error of judgment

There is an obligation to take reasonable care to avoid risk of foreseeable harm to patients

Duty of care includes both avoiding acting in ways that could harm a patient and/or taking affirmative steps to protect a patient.

Hospitals and emergency clinics must also provide security to protect patients and their family or visitors.

Establish the standard of care by looking at what a reasonable person in the same profession would do in all the same circumstances of the case

A reasonable person was described by Laidlaw J.A. in this way in Arland v. Taylor, [1955] O.R. 131 (C.A.), at p. 142:

"He is not an extraordinary or unusual creature; he is not superhuman; he is not required to display the highest skill of which anyone is capable; he is not a genius who can perform uncommon feats, nor is he possessed of unusual powers of foresight. He is a person of normal intelligence who makes prudence a guide to his conduct. He does nothing that a prudent man would not do and does not omit to do anything a prudent man would do. He acts in accord with general and approved practice. His conduct is guided by considerations which ordinarily regulate the conduct of human affairs. His conduct is the standard “adopted in the community by persons of ordinary intelligence and prudence."

MEDICAL MALPRACTICE CLAIM? If you or your loved one has been injured there's only one smart step to take - Use CanLaw's Lawyer Referral Services to hire a good malpractice lawyer

If you are a personal injury lawyer, put a small ad here to reach new clients on CanLaw

How do you know if you have a case for medical malpractice?

 

To prove a case of medical malpractice, a lawyer must demonstrate that a healthcare provider:

  • Had a duty of care to the patient.
  • Breached the standard of care (or acted in a way that a reasonable, similarly trained person would not have acted)
  • That the breach, or error, caused actual harm to the patient.

Defence lawyers, working usually for an insurance company, will vigorously defend against any malpractice claim.

The days of easy go away money are gone.

They will have very experienced lawyers and doctors usually involved with the Canadian Medical Protective Association CMPA, which can and will dispute and deny every claim. It is entirely up to you to prove your case.

You really need to consult a malpractice lawyer to determine if you have a medical malpractice claim.

Your personal injury lawyer will assess your claim, give you an idea of what your injury case may be worth and how long it will take. There are no fast settlements.

IMPORTANT CONSIDERATIONS

Time Limits for filing a claim are generally two years

In Canada, the courts have capped general damages (pain and suffering) just over $300,000.00.

 WHAT ABOUT THOSE "DO NOT PAY UNTIL WE WIN" OFFERS?

Malpractice and Personal Injury Lawyers often represent clients on a "contingency basis."

The lawyer does not charge for services until the case is resolved. This means that the lawyer and law firm are taking the case on the basis that they will only be paid their fees if and when they are successful in settling the injury case for the client.

Generally lawyers in malpractice actions will take on a case only if they believe the insurance company will settle out of court. They become negotiators, trying to obtain the largest out of court settlement they can get, because they take a very large piece of the settlement (often 50%) as their fee.

The contingency fees can be very, very high. 50% of the court award is not unusual. Be sure you know what you are getting into on a contingency case. Ask who will pay for disbursements and similar costs.

They are not doing you a favour in taking the case. They are doing it because they believe there will a huge pay cheque for them in the tens of thousands of dollars in the end. It is a very good sign that you have strong case and will probably win. No guarantees.

Factors the Court  Uses in

Determining Fault and Damages

  • Probability of injury arising from defendant’s conduct
  • Likelihood of severity of injury
  • Balanced against cost of avoiding risk
  • And social utility of defendant’s conduct

The first two variables are usually weighed more than the last two variables.

Finally, based on specific facts of your case using  the 4 factor test, the court  will determine if the defendant breached the required standard of care in all the circumstances.

You Will Definitely Need to

Employ Expert Witnesses

CANLAW ANSWERS ALL OF THESE MALPRACTICE FAQS

How do you know if you have a case for medical malpractice?

 

What is considered medical malpractice?

 

What does it cost to hire a medical malpractice lawyer?

 

How do I choose a medical malpractice lawyer?

 

How hard is it to win a medical malpractice case?

 

How hard is it to prove medical malpractice?

 

What are the 4 D's of malpractice?

 

What is the difference between medical negligence and malpractice?

 

What are the grounds for a medical malpractice lawsuit?

 

What is the most common reason for malpractice?

 

What is an example of malpractice?

IF YOU HAVE BEEN INJURED IN ANY WAY

 TALK TO A PERSONAL INJURY LAWYER TODAY

Some time limits for claiming damages

can be as short as 2 weeks. Act today

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