Medical malpractice causes thousands of injuries, illnesses, and complications each year here in Scarborough and Toronto, and many of the victims remain unaware that they were wronged by their doctor. Doctors and medical staff are usually equipped with the knowledge, resources, and experience to do their jobs properly, but mistakes do happen. While most physicians make the odd error once in a while, some doctors are simply unfit to practice medicine.
If you were harmed in any way by a Scarborough or Toronto physician whose negligence led to your injuries or illness, the Scarborough medical malpractice lawyers at Preszler Law Firm are here to help. Let our skilled lawyers help you file a medical malpractice claim against the negligent party for fair compensation.
Our medical malpractice lawyers can meet with you in Scarborough for a free initial consultation. Call (416) 364-2000
How Does Medical Malpractice Happen?
While physicians spend countless hours in medical school, treat up to hundreds of patients each month, are surrounded by experienced peers, and are some of the smartest people, they are human. Humans make mistakes. When a doctor makes a mistake, the ramifications can be tremendous.
- Misdiagnosis or Delayed Diagnosis—Misdiagnosis happens all the time. In some cases, the doctor may not have enough information to make a proper diagnosis, in which case the appropriate action to take would be to order more tests or to send the patient to a specialist. When physicians fail to do this or fail to properly diagnosis an illness or injury, they jeopardize their patients’ safety and well-being. Some misdiagnoses involve diagnosing a patient with a condition that they do not actually have. In this scenario, medication prescribed for the condition may end up causing harm. In terms of delayed diagnosis, this can be just as dangerous. Any delay in diagnosing life-threatening conditions, such as cancer, can end up putting the patient’s life at risk. Less deadly delayed diagnoses can cause serious harm, as well; a delayed diagnosis of a serious spinal column injury or a massive disc herniation could end up leading to long term back pain or even a spinal cord injury. Unfortunately, there are countless ways in which hospitals and doctors misdiagnose patients or fail to diagnose patients in time.
- Anesthesia Errors—Anesthesiologists give patients various medications before, during, and after surgery to mask pain and sometimes to cause loss of consciousness or awareness of what is going on. Administering too much or too little medication can have serious consequences. Too little and the patient may not be fully unconscious during a serious surgery or may feel pain during the operation, while too much medication can lead to critical organs shutting down.
- Surgical Errors—All surgeries come with a degree of risk. More intensive operations, of course, are the most prone to serious surgical errors that can leave patients with injuries, disabilities, or paralysis.
- Medication Errors—Whether a patient is given or prescribed a medication that interferes or reacts dangerously with another medication that they are already taking, or the patient is given the incorrect dose, serious harm can occur. Medication errors are one of the most common types of medical malpractice.
- Birth Injuries—While it is much safer today to give birth than at any other time in human history, it still does not come without risks. When preventable harm occurs to the mother or the baby during birth, the physician must be held accountable.
Scarborough Medical Malpractice Lawyer Near Me (416) 364-2000
The Duty of Care
Healthcare practitioners and institutes are bound to a standard of care that requires them to treat certain conditions in a particular way that aligns with medical research and scientific results. While treatments vary to some degree, operating on a compound fracture of the femur, for example, should be performed in essentially the same manner from one doctor to the next. Only when a physician deviates from the standard of care and an injury occurs that was related to the breach in the standard of care, can they be successfully sued for medical malpractice. If a complicated cancer treatment only has a 50% chance of success and the patient dies, so long as the doctor stuck to the standard of care, they cannot successfully be sued for medical malpractice. The following criteria must occur in order for medical malpractice to have occurred:
- Physician violated the standard of care;
- That violation resulted in a preventable injury from occurring; and
- The patient suffered real harm in the form of an injury, illness, or death.
What Can I Expect in Terms of Compensation?
Scarborough victims can file medical malpractice claims for the following damages:
- Out of pocket expenses
- Future out of pocket medical expenses
- Home medical device expenses
- Lost wages and earning ability
- Loss of joy of life
- Pain and suffering
- Emotional distress
- And more
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Statute of Limitations
The statute of limitations in Ontario for filing a medical malpractice claim against a hospital or doctor is generally two years, subject to the discoverability doctrine. As such, it is ideal to talk to a lawyer fairly soon after sustaining an injury or illness from a negligent doctor. Two years may seem like a lot of time, but it can be gone before you know it and with it your chances for compensation.
Call the Medical Malpractice Lawyers at Preszler Law Firm Today
As a victim of a medical error, you have the right to take legal action against the party who caused you, or your loved one, harm. To talk to a medical malpractice lawyer near Scarborough, call Preszler Law Firm at 1-800-JUSTICE today.