We are Your Medical Malpractice Lawyers in Ottawa
Medical malpractice is a highly complex area of law and is a specialisation within the field of personal injury law. As such, you should make sure that any personal injury lawyer in Ottawa that you are consulting with on this type of claim, has specific experience litigating medical malpractice claims. At Perley-Robertson, Hill & McDougall LLP/s.r.l our personal injury department has substantial experience in the area of medical malpractice and has the expertise and access to m required to properly investigate and pursue your claim.
What is Medical Malpractice?
A medical malpractice claim arises when the care provided to a patient by a health care provider falls below the accepted standard of care, and causes the patient injury as a result. Physicians, nurses, hospitals, therapists, and other health care providers are all held to specific medical standards and may be responsible for losses that are suffered if these standards are not met.
Health professionals are all required to obtain and carry liability insurance, so although you may be commencing an action against a named individual or hospital, it is generally an insurance company that will be defending the medical malpractice claim and providing any compensation.
Medical malpractice actions often arise out of a failure to properly diagnose or treat a patient, or from improper surgical care, but can also arise from a range of other situations. Determining if a health care provider breached the standard of care and/or if that breach was the cause of your injuries, is the first step in assessing any medical malpractice claim, and will often involve consultation with medical experts.
The limitation period with respect to a medical malpractice action is two years, meaning that any claim must be started before the two year period is up. Keep in mind however that our lawyers need time to obtain medical records, consult with experts, and assess your file before we can properly advise you on your potential action.Therefore you should ensure that you get legal advice well in advance of this deadline.
The two years period begins to run when you know, or have enough information to know, of the potential negligence/malpractice. It is not always easy to determine when a limitation period begins, so it is important to consult a medical malpractice lawyer as soon as possible if you believe you may have a claim.
How to Prove Medical Malpractice
To establish a medical malpractice claim, the plaintiff must prove, on a balance of probabilities, that the healthcare provider (the defendant) was negligent in terms of the care that was provided, and that this negligence caused the plaintiff injury. Additionally, the plaintiff must demonstrate that they suffered damages as a result, such as income losses, health expenses, and pain and suffering.
To prove negligence, causation, and damages, experts are retained to assist in providing the evidence required to successfully litigate your case. Which experts we need to retain will depend on the specifics of your case. Our experienced medical malpractice lawyers have the expertise, resources, and knowledge required to successfully build your case with the assistance of the right experts.
Types of Injuries we deal with:
Medical malpractice can result in various injuries depending on the negligence/medical situation.Our medical malpractice lawyers have experience dealing with all types of injuries, including:
• Orthopaedic injuries
• Spinal cord injuries
• Traumatic Brain Injuries
• Birth injuries
• Strokes
• Injuries related to overdoses/medication toxicty
• Gynaecological injuries
• Bowel and bladder injuries
• Kidney injuries
• Nerve damage
• Ophthalmologic injuries
• Soft tissues injuries
• Depression and anxiety
• Psychosis
• Other psychological and mental health issues
• Chronic pain syndromes
• Wrongful death
Our Medical Malpractice Lawyers in Ottawa are Here to Help
Our team has a deep commitment to supporting our clients and their families. With years of experience in medical malpractice law, we have gained a comprehensive understanding of the challenges our clients face. Thanks to our expertise within the medical-legal field, we are in a strong position to provide unwavering support throughout the legal process.
Each case is unique, just like the individuals we represent. We recognize that the legal journey can be emotionally taxing, and we are here to guide you through every step of the way.
Experienced:
Medical errors can put lives and livelihoods at risk. As dedicated medical malpractice lawyers, we understand the impact these mistakes have on you and your family. Our team advocates passionately to secure fair and favourable outcomes. With proven strategies, we work to protect your rights, secure financial compensation, and give you the space to focus on your recovery.
Thorough:
Our medical malpractice lawyers in Ottawa will advocate fiercely for you and your family. We understand that claims are often vigorously defended, but our experienced team, along with medical experts, will evaluate the details of your case to determine its viability and guide you through the process with informed expert opinions.
Supportive:
When you choose to retain our medical malpractice lawyers in Ottawa, you gain the confidence of knowing you’re backed by experience and proven methods. Our priority is not only winning your case but also supporting your well-being throughout the process.
FAQs
How Long Do You Have to File a Medical Malpractice Claim in Ottawa?
In many cases, you have two years from the date of the incident to file a medical malpractice lawsuit. However, if the injury or negligence is not discovered right away, the limitation period may not start until sometime after the incident. We can help you determine when your limitation period begins and ends.
Is Winning a Medical Malpractice Lawsuit Difficult?
Medical malpractice cases can be very complex. The process involves gathering medical records, obtaining expert opinions, filing a claim, exchanging evidence, preparing for an attending discoveries, attending mediation, and in some cases, going to trial, although many cases settle before we reach that point. We have the experience to guide you through every step of this process and ensure your case is handled properly.
How Do You File a Medical Malpractice Lawsuit in Ottawa?
Before we file a lawsuit, we start by investigating the incident and obtaining expert opinions. If we determine that you have a claim, we file a document with the court called a Statement of Claim, which outlines the negligence, injuries, and what you are claiming. This begins the legal process.
What Happens After Filing a Statement of Claim?
After the Statement of Claim is filed, the defendant(s) then file a document called a Statement of Defence. Following that, the parties move on to the discovery stage of the proceedings, where both sides exchange documentary evidence and then the parties are examined under oath. As the case proceeds, your lawyer will retain the appropriate experts to obtain reports in support of your claim. Once the parties are fully prepared, they will attend mediation to see if the case can be resolved. If mediation fails, the matter moves on to a pretrial and potentially a trial. .
What Types of Medical Malpractice Cases Do You Handle?
We handle all types of medical malpractice cases, including:
• Misdiagnosis
• Delayed diagnosis
• Failure to diagnose
• Surgical errors
• Anaesthesia errors
• Medication errors
• Wrong site surgery
• Incorrect procedures
• Failure to treat
• Failure to order tests
• Improper treatment
• Failure to obtain Informed consent
• Improper patient monitoring
• Radiology errors
• Nursing errors
• Hospital errors
