Medical Malpractice

Medical malpractice has consequences.

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Understanding Medical Malpractice

Medical malpractice involves legal action against healthcare professionals or institutions when their negligence results in patient harm. At David Hollingsworth, we understand the full scope of medical malpractice and we can help individuals navigate this complex area of law.

At the core of medical malpractice is the concept of the standard of care. This standard represents the expected level of competence and treatment that a reasonably skilled healthcare provider would offer under similar circumstances. When a healthcare provider deviates from this standard, it can be considered malpractice. To establish malpractice, our team works to investigate whether the provider’s actions, or lack thereof, did not meet the standard of care and resulted in patient harm. 

Once this is established, it is necessary to show that the failure to meet the standard of care caused a loss.  Once this second step is established, an assessment of damages is done.

Our lawyers will travel to your home, hospital, or rehabilitation centre throughout eastern Ontario. You don’t pay until you get paid.

Damages Related to Medical Malpractice

Proving medical malpractice also requires showing causation and damages. This means there must be a direct link between the provider’s negligence and the patient’s injury. The damages claimed can include physical, emotional, and financial losses, such as medical expenses, lost income, and pain and suffering.

In Ontario, the limitation period for filing a medical malpractice claim is generally two years from when the injury was discovered or ought to have been discovered. However, exceptions, particularly for minors and individuals with disabilities, can extend this period. If you are seeking to address medical negligence and secure appropriate compensation for your or a loved one’s injuries, we recommend contacting our firm as soon as possible.

Common Types of Medical Malpractice Cases

Medical malpractice cases encompass a wide range of scenarios where healthcare providers fail to meet the standard of care, resulting in patient harm. Understanding the various types of medical malpractice can help patients and their families recognize when they might have a valid claim and seek appropriate legal advice.

In accordance with the Regulated Health Professions Act and Ontario’s Medicine Act, health practitioners have procedural duties and can be held accountable if they commit professional misconduct.

Here are some common types of medical malpractice cases we have worked on:

  1. Misdiagnosis or Delayed Diagnosis: When a medical professional does not diagnose a condition correctly or in a timely manner, it can lead to inappropriate or delayed treatment, worsening the patient’s condition. 
  2. Surgical Errors: Mistakes made during surgery include various scenarios that are grounds for a case. These include situations such as operating on the wrong body part or leaving surgical instruments inside the patient.
  3. Improper Prescribing or Dispensing: This involves prescribing the wrong medication, incorrect dosage, failure to account for drug interactions, or prescribing without proper assessment.
  4. Anesthesia Errors: Mistakes related to anesthesia can result due to various reasons and have severe consequences.
  5. Failure to Treat: When a healthcare provider’s diagnosis of a condition is accurate, but they fail to provide adequate treatment, the patient’s health can be negatively impacted.
  6. Informed Consent Violations: Medical professionals are required to inform patients about the risks, benefits, and alternatives of a proposed treatment. Failure to obtain proper consent can lead to claims if the patient suffers injury or harm from a procedure they were not sufficiently informed about.

Hospital Negligence: Hospitals can be held liable for systemic issues such as inadequate staffing, poor sanitation, or failure to enforce standard protocols, all of which can lead to patient injuries or infections.

Consequences of Medical Malpractice

Medical malpractice can lead to pain and suffering, resulting in increased medical bills, lost wages, and more. Medical malpractice has severe consequences for victims and their families, and such cases deserve the utmost attention and care. 

Our medical malpractice lawyers in Ottawa know that these cases are complex and intricate. We have the experience needed to best protect our clients, whether they’re suffering the consequences of a misdiagnosis, mistreatment, a surgical procedure that failed to follow the standard of care, negligence in pre- and post-operative hospital care, or otherwise. We work with victims and their families to understand their needs and get compensation for physical and emotional harm, as well as any related financial losses.

What to Do If You Suspect Medical Malpractice

If you suspect medical malpractice in Ontario, strongly consider the following:

Document Everything

Keep detailed records of all medical appointments, treatments received, prescriptions, and any symptoms or complications experienced. Documentation should include dates, names of healthcare providers involved, and any communications (written or verbal) with them.

Consult a Lawyer

Seek legal advice from our team at David Hollingsworth. We can assess your case, advise you on your rights, and guide you through the legal process if you decide to pursue a claim. 

Legal Process and What to Expect

The legal process begins with consultation and investigation. The first step is to consult a lawyer, like the ones at our firm. We can evaluate the case by reviewing medical records and consulting with medical experts to determine if malpractice occurred. If the case is deemed viable, we file a Statement of Claim on your behalf in court detailing the allegations, injuries, and damages, thus initiating the legal process.

Compensation and Recovery

Many malpractice cases are resolved through settlements, which involve negotiating compensation without going to trial. However, if a settlement is not reached, the case proceeds to trial, where a judge or jury determines the outcome. We prepared all of our cases for trial to ensure our clients have the best chances both outside and inside the courtroom.

How We Can Help

Please reach out to us if you have questions or concerns about a potential medical malpractice case. We understand how challenging it can be when you or a loved one has suffered due to medical negligence. Our lawyers are ready to provide you with the guidance and support you need, and we are willing to meet with you wherever is most convenient, offering a free initial consultation to help determine the best course of action for you and your family.

Support During Your Recovery

If you’ve experienced injury or harm due to medical malpractice, the process of seeking justice can seem overwhelming. Rest assured, our experienced legal team knows where to begin and can initiate the necessary steps on your behalf. Your focus should be on your recovery and well-being while we handle the legal aspects and advocate for you and your family. We understand the impact this situation has had on your life and are here to support you through this challenging time.

We recognize that being involved in a medical malpractice incident can have profound effects on your life and your family. You may be uncertain about your future, including your ability to work, maintain your quality of life, and manage the emotional strain on your relationships and family dynamics. These are valid concerns, and our team is committed to helping you navigate through them with compassion and expertise.

Contact Us

If you’ve experienced injury or harm as a result of medical malpractice, please contact us for a free consultation. We are here to discuss how we can help you get the compensation and care you need to enjoy a comfortable quality of life.


As Seen On:

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Frequently Asked Questions

To prove a case of medical malpractice, your personal injury lawyer must demonstrate that a healthcare provider: Had a duty of care to the patient. Breached the standard of care and that the breach caused actual harm to the patient.

In Ontario, you can seek compensation for hospital malpractice and sue for damages. The law also allows the family members of a person who has died to sue the hospital for damages.

Misdiagnosis or delayed diagnosis is the most common reason for a medical malpractice claim.


Contact our team for a Free Consultation

If you’ve been injured in an accident, please contact us free of charge to discuss how we can help you get the compensation and care you need to enjoy a comfortable quality of life.

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