Patients place enormous trust in the surgeons, anesthesiologists, nurses, and hospitals responsible for their care. When a preventable mistake happens during surgery, the consequences can be life-changing.
Bogoroch & Associates LLP represents patients and families in Toronto and throughout Ontario in surgical or anesthesia malpractice claims. Our surgical error lawyers in Toronto will investigate what happened, obtain medical records, and consult with qualified experts in the field.
We offer free consultations and work on a contingency fee basis, meaning there are no legal fees unless compensation is recovered.
Why Choose Bogoroch & Associates LLP for a Surgical Malpractice Claim?
Surgical malpractice claims are among the most complex and vigorously defended cases in medical negligence litigation. Successfully pursuing these claims requires surgical errors lawyers with extensive medical malpractice experience, proven trial advocacy skills, and access to leading surgical, anesthesiology, and other medical experts.
Bogoroch & Associates LLP has extensive experience acting for victims of surgical and anesthesiology malpractice. Working closely with highly qualified medical experts, we thoroughly investigate what happened, assess whether the applicable standard of care was breached, and determine whether that breach caused our client's injuries. This careful and methodical approach has helped many clients recover compensation for injuries resulting from preventable medical errors.
Our surgical malpractice lawyers have been recognized by Canadian Lawyer as part of one of Ontario's Top 10 Personal Injury and Medical Malpractice Firms. This recognition reflects the experience, skill, and dedication we bring to every client and every case.
How Our Surgical Error Lawyers Can Help
Our surgical malpractice lawyers take a comprehensive approach to investigating and advancing claims arising from surgical and anesthesia errors, including:
- Obtaining the hospital, surgical, anesthesia, and follow-up records;
- Reviewing consent forms, imaging, test results, and charting notes;
- Consulting medical experts in the fields regarding standard of care and causation;
- Identifying the healthcare providers and institutions that may be legally responsible;
- Assessing damages, including income loss, pain and suffering, and future care costs;
- Negotiating a settlement; and
- Taking cases to trial when necessary.
Surgical Malpractice Law in Ontario
Surgical malpractice occurs when a surgeon, anesthesiologist, nurse, hospital, or other healthcare provider fails to meet the standard of care expected of them in the circumstances, and that failure causes injury.
Not every complication that arises amounts to malpractice. It is possible to have adverse outcomes even when proper care is provided.
If surgical malpractice is proven, compensation may include pain and suffering, lost income, past and future care costs, housekeeping costs, and other losses caused by the injury.
What is Surgical Malpractice?
Surgical malpractice is a form of medical negligence. In general, the patient must prove that the healthcare provider owed a duty of care, failed to meet the applicable standard of care, and caused harm that led to compensable losses.
In other words, surgical malpractice arises when a healthcare provider makes an avoidable mistake during surgery that breaches the standard of care, and that error causes injury.
Common Types of Surgical Errors
Wrong-Site or Wrong-Patient Surgery: This occurs when surgery is performed on the wrong patient or the wrong part of the body. It may result from problems such as incorrect records, poor communication, missing surgical markings, or failures in the final checks before surgery.
Surgical Items Left Inside the Patient: Sponges, instruments, or other surgical materials may sometimes be left inside a patient after an operation. This can lead to pain, infection, the need for additional surgeries, and a longer recovery.
Nerve Damage or Injury to an Organ: Some procedures carry a risk of nerve or organ damage. A medical malpractice claim may arise when the injury was caused by poor surgical technique, or when the injury was not noticed and treated within an appropriate amount of time.
Postoperative Infections: Not every infection after surgery is caused by negligence. However, there may be concerns about the care provided if proper safety precautions were not followed, signs of infection were overlooked, or treatment was delayed.
Failure to Recognize Complications: Complications such as internal bleeding, blood clots, and infections can occur after surgery. These problems may become much more serious if symptoms are dismissed, test results are not properly reviewed, or appropriate follow-up care is not provided.
Lack of Informed Consent: Prior to the start of a surgery, patients should be given clear information about the procedure, its risks, available alternatives, and what may happen if they choose not to proceed. In a legal claim, it is also necessary to consider whether the patient would have made a different decision if they had been properly informed.
Errors in Surgical Technique: A surgeon is expected to perform a procedure with the level of skill and care that a reasonable and competent surgeon would use in similar circumstances. An expert doctor in the field is usually required to provide an opinion on whether the surgeon’s technique fell below the expected standards.
Common Surgeries Associated with Malpractice Cases
Claims may arise from orthopaedic and spinal surgery, cardiac surgery, neurosurgery, abdominal and bowel procedures, obstetric and gynecological surgery, cosmetic surgery, and laparoscopic procedures.
Anesthesia Errors and Their Consequences
Anesthesia care begins before an operation and continues through recovery. The responsibilities of the anesthesiologist include assessing the patient, selecting an appropriate plan, monitoring vital signs, and responding quickly to changes.
There are many anesthesia errors that can occur, for example, incorrect medication or dosage, inadequate monitoring, failure to recognize a change in vital signs, poor communication regarding allergies or medications, and delayed treatment of a complication.
Who Can Be Held Liable?
Who is liable for a potential surgical malpractice case depends on the specific facts of the case. However, responsibility may rest with the surgeon or surgical assistant, the anesthesiologist, nurses, the hospital or healthcare institution, or another physician involved in the care.
To identify the proper defendants, a thorough review of the medical records is critical.
How Do You Prove a Surgical Error Claim?
To prove a surgical error claim, there must be strong and compelling evidence. Relevant documents may include operative reports, anesthesia charts, consent forms, nursing notes, imaging, lab results, and all other treatment records.
Independent expert evidence is generally required to determine whether the care provided fell below the applicable standard and whether that failure caused the injury.
To assess damages, treating physicians, rehabilitation professionals, and vocational experts may be needed to provide an opinion regarding the severity of the injuries sustained.
Compensation Available
Depending on the facts, compensation may include:
- Pain and suffering;
- Past and future income loss;
- Past and future care costs; and
- Housekeeping costs.
The value of a claim is assessed on a case-by-case basis and depends on factors such as the nature and severity of the injury, prognosis, future treatment and care needs, loss of income or earning capacity, and the effect of the injury on the person's daily functioning and quality of life.
The Surgical Malpractice Claim Process
At Bogoroch & Associates LLP, the process begins with a free consultation. During this meeting, we will learn about your experience, answer your questions, and assess whether your circumstances may give rise to a viable medical malpractice claim.
If further investigation is warranted, we will obtain and carefully review the relevant medical records and consult with qualified medical experts to determine whether the accepted standard of care was breached and whether that breach caused your injuries.
Where the evidence supports a claim, we will commence a lawsuit on your behalf. The litigation process typically includes the exchange of pleadings, examinations for discovery, mediation, and, where appropriate, settlement negotiations. While many cases are resolved before trial, our surgical injury claims lawyers are experienced trial advocates and are always prepared to take a case to court when it is in our clients' best interests.
Frequently Asked Questions
What is considered surgical malpractice in Ontario?
Surgical malpractice occurs when care falls below the applicable standard and causes injury. A poor result or recognized complication, on its own, is not enough.
Can I sue for an anesthesia error?
Yes. A claim may be possible where negligent anesthesia care caused harm.
How do I prove a surgical error claim?
Most claims require medical records and independent expert opinions addressing the standard of care, causation, and damages.
Who can be held responsible?
Possible defendants include surgeons, anesthesiologists, nurses, hospitals, and other healthcare providers involved in the care.
How much compensation can I recover?
There are many different factors that go into assessing appropriate compensation. The amount of compensation depends on the injury, income loss, treatment needs, future care, and the effect on the person’s life.
How long do I have to file a claim?
Ontario’s basic limitation period is generally two years, but exceptions may apply. Speak with a lawyer as soon as possible to ensure you are within the timeframe to file a claim.
Speak With a Surgical Errors Lawyer in Toronto Today
A serious surgical or anesthesia injury can leave patients and families searching for answers while dealing with pain, uncertainty, and financial pressure. Contact our surgical error lawyers in Toronto for a free consultation or call 416-599-1700.
Remember, our firm runs on a contingency fee basis, meaning there are no legal fees unless compensation is recovered.
Serving Toronto & Ontario
Our personal injury lawyers and medical malpractice team serve clients in Toronto, Mississauga, Scarborough, Etobicoke, Vaughan, North York, York, Thunder Bay, Oakville, Burlington, Hamilton, Barrie, Sault Ste. Marie, Milton, the GTA, Ottawa, London, Brampton, Windsor, Markham, Guelph, Oshawa, Kingston, Sudbury, Newmarket, Peterborough, Whitby, Sarnia, Georgetown, Orangeville, Woodstock, Cornwall, Lakefield, Bancroft, and North Bay.
