The Canadian Medical Protection Agency (CMPA) supports the assertion that medical care is generally safe; however, medical errors do happen.
If you or someone you love was injured because of what you believe to be negligence or a medical error, a medical malpractice lawyer serving Mississauga may be able to help you determine whether you have a valid claim. Contact Preszler Injury Lawyers at 1-800-JUSTICE.
Our medical malpractice lawyers can meet with you in Mississauga for a free initial consultation. Call (416) 364-2000
Medical Malpractice Cases We Have Handled
Despite the factors that discourage medical malpractice lawsuits, there are numerous cases in which healthcare professionals have been found liable for negligence.
Types of negligence we have seen include:
- Substandard treatment
- Failure to attend a patient
- Failure to diagnose properly
- Failure in re-diagnosis
- Failures to communicate with other physicians
- Failures to warn or protect third parties
- Failure to report abuse
- Failures in referral or consultation
Mississauga Medical Malpractice Lawyer Near Me (416) 364-2000
Establishing a Medical Malpractice Claim
To bring a valid medical malpractice claim, you must show that the following elements exist in your case:
Duty of Care
You must have a verifiable doctor-patient relationship with the physician where he or she owes you a certain duty of care.
Standard of Care
You must be able to show that the doctor breached his or her duty to provide a normal standard of care. To prove this breach, we may consult with medical experts who can testify to the accepted standards of care in that field.
You must be able to show that you suffered injuries that were reasonably foreseeable, and that a physician would normally have recognized.
You must be able to show that the physician’s behaviour caused your injuries. In other words, we must be able to prove that you would not have been injured had it not been for the negligence or medical error of your physician.
In order to pursue a medical malpractice claim, you must have sustained physical, financial, or emotional damages as a result of your physician’s negligence. We may be able to show proof of damages through medical records, out-of-pocket medical expenses, prescription drug costs, rehabilitation expenses, and employment records that verify the amount of time that you have spent away from work because of your injuries.
Because it can often be challenging to determine whether the standard of care was upheld, these cases can be extremely complex. If you have been injured and believe it was the result of a doctor’s negligence or medical error, you may be eligible for compensation. Contact Preszler Injury Lawyers at 1-800-JUSTICE for a free initial review of your case.
Damages You May Recover After a Medical Malpractice Claim
There are a number of damages you may be able to recover in a medical malpractice claim. They include:
- Medical expenses, such as hospital stays, surgical procedures, medication
- Therapies such as physical or occupational therapy
- Assistive devices
- Lost wages
- Future wages if you have lost your earning potential
- Pain and suffering
- Loss of enjoyment of life
- Disability and disfigurement
- Emotional distress
You may also be entitled to other compensation if you qualify.
In some cases, the injuries suffered as a result of medical error or negligence can be fatal. When this occurs, the family members may be entitled to recover compensation, including:
- Funeral and burial expenses
- Loss of support and protection
- Loss of consortium
- Loss of companionship
We want to help you determine if you qualify for other damages. The task of calculating the value of a medical malpractice claim can be challenging. It can even require a consultation with a forensic economist. A medical malpractice lawyer serving Mississauga may be able to hire this field expert to calculate the total cost of your damages to support your request for a fair settlement in your case.
We may also consult with an expert regarding the cost of future medical care if this applies in your case and the effect that your injury may have on the trajectory of your career.
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How the Statute of Limitations Can Impact Your Claim
Ontario’s statute of limitations under the Limitations Act generally imposes a limit of two years from the time your injuries occurred. If you do not file a claim within this time, you are typically barred from pursuing compensation for your injuries.
There are some exceptions, particularly in cases where the victim is a minor or the victim has injuries that affect his or her cognitive function.
How a Medical Malpractice Lawyer Serving Mississauga May Be Able to Help
Our lawyers understand medical malpractice law. We may guide you through the process from start to finish and help you avoid potentially costly mistakes that could delay or derail the process.
Here are a few specific ways we may be able to help:
Conduct an Investigation
We may conduct a thorough investigation into your case. This investigation may include gathering evidence like medical records, scans, and medical charts. It may also include gathering witness statements from your friends, family, and physicians who can support your claim.
Access an Expert Network
One of the benefits of working with a medical malpractice lawyer serving Mississauga is the ability to access our network of experts and advisors.
Guide You Through the Process
Our team may be able to guide you through the process from start to finish, answering your questions and helping you make informed decisions. We understand the pain you may be experiencing as a result of your injuries and can take the burden off of you. If you are eligible for compensation, we may be able to pursue damages in your case while you focus on healing from your injuries.
To learn what options you may have for recovering compensation, contact Preszler Injury Lawyers at 1-800-JUSTICE for a free initial review of your case.