When you or a loved one trusts your life and health to the care of doctors, nurses, and other healthcare professionals, you have a right to expect them to provide you with a professional standard of care. Unfortunately, mistakes and errors sometimes occur. When they occur in a medical setting, however, the consequences may be devastating. If you or a loved one has suffered injuries due to negligent care from a medical professional, you may be entitled to compensation for your injuries.
If you believe you may be the victim of medical malpractice, contact Preszler Injury Lawyers by calling 1-800-JUSTICE to discuss your rights today.
Our medical malpractice lawyers can meet with you in Thunder Bay for a free initial consultation. Call (416) 364-2000
What You Need to Know About Medical Malpractice
Medical malpractice is a type of personal injury claim in which personal injuries are alleged to have arisen from the negligence or malpractice of professional services rendered by a healthcare professional, an employee of the health professional, or an employee of a hospital. Some types of medical malpractice include:
- Misdiagnosis: Failure of a healthcare professional to properly identify or diagnose an illness or condition that they should have been able to diagnose with the proper standard of care.
- Delayed diagnosis: Failure of a healthcare professional to identify an illness or condition within a timely manner.
- Surgical errors: Surgical errors include several mistakes that may occur during surgery such as equipment left behind in the body, organs or blood vessels punctured, the wrong body part operated on, or the wrong patient operated on.
- Prescription errors: Prescription errors may include prescribing the wrong medication, dispensing the wrong medication, failure to provide the right medication, improperly administering medication, or giving an incorrect dosage of medication.
- Anesthesia errors: Anesthesia errors may include providing either too much or too little anesthesia or using a type of anesthesia to which the patient is allergic.
- Birth injuries: Birth injuries may include injuries suffered by the mother or child when complications that arise during childbirth are not treated and handled properly.
- Wrongful death: If the failure of a medical professional to provide a proper standard of care results in the patient’s death, the victim’s family may be able to pursue a claim for wrongful death.
This list is not exhaustive. If you do not see the cause of your injuries here, we may still be able to help you. No two medical malpractice claims are the same, so if you believe you or a loved one were the victim of medical malpractice, it is important to discuss the specific details of your case with a medical malpractice lawyer as soon as possible. To learn more about your legal options call 1-800-JUSTICE to speak with our team today.
Thunder Bay Medical Malpractice Lawyer Near Me (416) 364-2000
Proving Liability for Medical Malpractice
Not every error or mistake made by a medical professional qualifies as malpractice. In order to successfully bring forth a medical malpractice claim, we must be able to prove the following elements:
- Duty of care: The doctor or medical professional owed you a certain duty of care. We may show this duty by proving a verifiable relationship existed between you and the medical professional.
- Standard of care: The doctor or medical professional failed to provide you with a reasonable standard of care. We may show this by proving the doctor or medical professional failed to act in a way that any other reasonable medical professional would have acted in the same circumstances, with the same training.
- Foreseeability: The injuries you suffered as a result of the doctor or medical professional’s failure to provide proper care were reasonably foreseeable and avoidable.
- Causation: The doctor or medical professional’s actions are the proximate cause of your injuries.
- Substantial damages: We must prove you suffered actual damages.
Contact Preszler Injury Lawyers to help you determine whether the specific details of your case meet the necessary elements for a medical malpractice claim.
Potentially Recoverable Damages
The types of compensation you may be able to recover in a medical malpractice claim usually fall into the following four categories:
- General damages: Damages intended to compensate a victim for unquantifiable losses, such as pain and suffering and the projected cost of future care.
- Special damages: Damages intended to compensate a victim for economic losses that may be specifically quantified, such as medical bills and lost earnings.
- Aggravated damages: Damages intended to compensate a victim for suffering intangible damages caused by the defendant’s actions, such as distress and humiliation.
- Punitive damages: Damages intended to punish defendants for particularly reprehensible conduct or intentional harm.
We may be able to help you pursue other forms of damages. The types of compensation you may be eligible to receive may vary based on the specific details of your case. Contact Preszler Injury Lawyers by calling 1-800-JUSTICE to learn more about the types of compensation for which you may qualify.
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The Statute of Limitations May Affect Your Case
The Limitations Act, 2002, S.O. 2002, c. 24, Sched. B establishes the statute of limitations for medical malpractice claims to two years from the date the claim was discovered. Under this act, this day is when you knew or should have known that the injury, loss, or damage occurred. You must file your medical malpractice claim within this time frame unless an exception applies. This limitation period does not apply to victims who were a minor when their injury or damages occurred. Contact Preszler Injury Lawyers to learn more about the limitation period and whether it applies to your specific case.
Call Preszler Injury Lawyers Today to Get Started
If you or a loved one was injured or passed away as a result of negligence or an error made by a doctor, nurse, or another medical professional, a medical malpractice lawyer serving Thunder Bay may be able to help you file a claim to seek potential damages. Call us today at 1-800-JUSTICE to speak with a medical malpractice lawyer and learn more about your rights.