Have you or someone you loved suffered through negligent, careless or even dangerous medical or hospital care? If so, you need a lawyer that will work on behalf of your case to ensure that you are legally protected and fairly compensated. The lawyers at Bogoroch & Associates LLP fight for those who had their trust and care compromised, and understand the complexities of these difficult cases.
Patients have the right to expect that their healthcare providers will provide them with sufficient, reasonable and thoughtful medical care. Unfortunately, there are occasions in which doctors, nurses and other medical staff are negligent, resulting in treatment that is below the acceptable standard, putting patients in danger of harm.
Common Causes of Medical Malpractice
Some of the most common causes of medical malpractice include:
- Delayed Diagnosis
- Surgical Errors
- Medical Record Errors
- Prescription Medication Errors
- Birth Trauma
- Anesthesia Errors
- Medical Errors
- Other Forms of Negligent Care
The Bogoroch & Associates LLP Difference
Our experienced team of lawyers at Bogoroch and Associates LLP will advocate vigorously on your behalf, and we will seek to obtain the compensation you deserve as a result of medical and/or hospital negligence.
Our son was born with some injuries to his right arm and hand […]Heidi and Richard were there for us all the way, we were very satisfied with everything that they did… for Darris, for our case, for us, always there for us no matter what, very accommodating and we were just completely satisfied overall. They made a world of difference in our son’s life.[…]
Being that we have a child with a disability it is a lot and it’s a challenge, and we were always worried about down the road, his future, possibly when we are not around. They really helped us out so we don’t have that worry anymore. Like we know he is going to be okay.
Steven and Brenda Brewster, Toronto
Frequently asked questions about medical malpractice law
Medical negligence, or medical malpractice, occurs when you suffer an injury due to the negligence of a healthcare provider. It can include misdiagnosis or delayed diagnosis; medical, surgical, treatment and anesthesia errors; medication prescription and administration errors; and breaches of informed consent. Hospitals, doctors, nurses, dentists, pharmacists, chiropractors, and other healthcare providers can all be found liable for medical malpractice.
Medical malpractice lawsuits usually entitle an injured victim to sue for the following types or “heads” of damages:
- Pain and suffering
- Past lost income
- Future loss of income/loss of earning capacity
- Healthcare expenses/future care costs
How Do You Prove Medical Malpractice in Canada?
You must be able to prove two things to establish your health care provider was negligent in providing care to you: 1) that they breached the standard of care, and 2) that the breach caused the injury or damage in question – this is known in law as “causation”.
To prove a breach of the standard of care, you must demonstrate that the care and treatment provided fell below the generally accepted standards of a similarly qualified professional providing the same treatment. The standard of care is different for every medical specialty. For instance, a family doctor is held to a different standard of care than a general surgeon. It is important to know that the standard of care is not perfection or the best care available; the standard is that which a treatment provider cannot fall below.
Determining the standard of care applicable to a particular healthcare provider and whether the standard was breached requires expert evidence. We consult top medical experts to help us determine the likelihood that a breach occurred so that we can prove it in court.
Causation is often the most challenging hurdle to overcome because medical treatment is complex and can involve various steps and numerous healthcare providers. As well, since you initially consulted with a medical practitioner because of a health issue, it can be difficult to prove your injury is due to negligence in treatment and not from the original health issue itself.
If you can show that a health care provider’s breach of the standard of care caused the injury or damage in question, your lawsuit will likely succeed.
How Many Years Do You Have to Sue for Medical Malpractice in Canada?
As a general rule, you must file a lawsuit within two years of the date of the incident or you lose your right to obtain compensation. However, you may not always realize you suffered an injury or that a health care provider was negligent until a later date. In these cases, you may be allowed some flexibility with time limits. Bogoroch & Associates can advise you whether you have exceeded this time limit.
How Hard is it to Win a Medical Malpractice Lawsuit in Canada?
Your case will take approximately four years to reach a conclusion. The steps in a medical malpractice lawsuit include the following:
- Collecting the relevant medical records and investigating the merits of the case
- Issuing the Statement of Claim
- Serving the Statement of Claim on the opposing side
- Receiving the Statement of Defence
- Completing the Discovery process, including Examinations for Discovery
- Conducting Mediation
- Proceeding to Trial, if required.
Many cases can be resolved without a Trial. If your case does not settle at or after Mediation, additional steps are taken before Trial, such as attending a Pre-Trial Conference. Though your lawsuit may take a long time to conclude, we will investigate and evaluate your case, as well as discuss the merits of your case with you at every stage of the proceeding.
What are the Chances that My Case Will Go to Trial?
Medical malpractice actions are particularly difficult and risky compared to other personal injury actions, and there is no guarantee that the opposing side will settle before going to Trial. We make every effort to settle your case while continuing to prepare for Trial. We always discuss with you the expert opinions, and your chances of success at Trial, to ensure you make an informed decision about whether to continue with your lawsuit.
How Do I Sue for Medical Malpractice in Canada?
After our initial meeting, if retained, we will investigate liability by requesting medical reports from your healthcare providers and obtaining an expert opinion. Assuming the expert opinion is favourable, we will prepare a Statement of Claim, which will be filed with the court and served on the healthcare providers being sued. A Statement of Claim is a document that explains which parties are involved, the allegations of negligence, and the injuries you suffered as a result.
What Happens After I File the Statement of Claim?
Once the Statement of Claim is issued and served, we obtain Statements of Defence and conduct the Examinations for Discovery. This is the first major step after issuing the Statement of Claim and is similar to a Pre-Trial hearing. All parties are required to give evidence under oath about the matters in question. This process allows each side to learn about the evidence supporting each other’s cases. After the Examinations for Discovery are completed, we re-assess your case to see whether it should go to Trial. We then discuss the estimated costs, and if appropriate, set a date for Trial.
What are Examples of Medical Malpractice Cases You Handle?
Our team of more than 30 lawyers and staff have decades of experience in medical malpractice. We have covered many different types of cases. The most common malpractice cases that we deal with include:
- Delayed Diagnosis
- Labour and Childbirth Injuries, including Brachial Plexus Injuries and Cerebral Palsy
- Preventable Amputations
- Delayed Treatment of Infections
- Incorrect Treatment and Failure to Treat
- Surgical and Anesthesia Errors
- Medical Errors
- Prescription Drug Errors
- Hospital and Nursing Home Falls
- Nursing Home Negligence
- Equipment Errors
- Breach of Informed Consent
If you or a loved one has been the victim of medical or hospital malpractice, contact our personal injury lawyers today at 416 599-1700 for a free consultation.
Bogoroch & Associates LLP offers legal services in Toronto, and throughout Ontario, Brampton, Milton, Etobicoke, Markham, Richmond Hill, Scarborough, Mississauga, Ottawa, Vaughan, Hamilton, Burlington, London, and Waterloo. We operate on a contingency fee basis, which means that there are no fees unless we recover money for you.