Medical malpractice occurs when the care and treatment provided by a healthcare professional falls below the accepted standard. These professionals include, but are not limited to, doctors, dentists, chiropractors, optometrists, and nurses. These acts of negligence can have a significant impact on those individuals who received sub-standard treatment.
The lawyers at McLeish Orlando have developed expertise in this area by successfully representing numerous plaintiffs in complex and highly technical cases of medical malpractice.Contact Our Firm Today
Medical malpractice is arguably the most complex of personal injury claims on account of the difficult legal and medical issues, as well as its adversarial and time-consuming nature. Many physicians are members of the Canadian Medical Protective Association (CMPA), which is well funded to defend physicians and hospitals from such lawsuits.
Nevertheless, if you have experienced harm or injury as a result of medical malpractice, you are entitled to receive compensation for your damages. McLeish Orlando’s medical malpractice lawyers can help you decide whether you have a case that you should move forward with.
Has a medical error or malpractice limited your ability to work or required you to incur lifelong care costs or resulted in the loss of a loved one? Making decisions about our own health and the health of family members can be challenging. In Canada, we rely on a network of physicians, medical practitioners, and other healthcare professionals in the patient circle of care to assess, diagnose and treat all manners of medical conditions with expertise and care. Unfortunately, in the Canadian healthcare system, we don’t often choose the doctors we trust to treat and evaluate patients and mistakes do occur. Acts of negligence on the part of healthcare professionals and hospitals can have a significant impact on patients. The outcome of negligence or malpractice can be devastating and life-changing, from premature death to life-long implications for those who suffer from doctors’ negligence in the delivery room.
These claims are complex and challenging and choosing the correct lawyer is essential to achieving a just result.
Common types of malpractice actions can include the following:
Most Birth Injuries are related to a disruption in blood flow to the baby’s brain during or shortly after delivery. Lack of oxygen to the baby’s brain can cause brain damage and cerebral palsy which can pose life-long implications to the child. Other injuries from physical trauma can also occur, most notably from shoulder dystocia, resulting in injury to the nerves in the neck, shoulder and arm.
Medical malpractice litigation is complex and requires the skill of a medical malpractice lawyer with a proven track record of holding medical professionals accountable for the damages that they have caused as a result of their substandard care. McLeish Orlando’s medical malpractice lawyers have wide ranging experience in working with highly qualified experts who assist us in establishing that the care and treatment of the involved medical professionals, including doctors, nurses, chiropractors and midwifes, fell below the acceptable standard of care and that this breach of the standard of care caused the harm that you have suffered.
If you or a loved one has been the victim of medical malpractice or has suffered at the hands of a healthcare provider, it is important to understand your rights – you and/or your family may be entitled to compensation. Contact our medical malpractice lawyers for a free initial consultation to review the merits of your potential case. Due to their personalized nature, malpractice cases are often complex and unique. In order to be pursued successfully, experience and a high level of knowledge of the workings of malpractice cases is necessary. At McLeish Orlando, we have the research capabilities, and extensive experience necessary to hold responsible parties accountable.
Unlike other areas of litigation where individuals can assess who is and is not at fault, medical malpractice is very different and complex. In order to prove that a doctor, nurse, or other health professional is negligent or was guilty of malpractice, one must prove that they breached the standard of care expected of a reasonable and prudent professional in their field. They must also prove that the breach caused the injury or death. This requires the opinion of specialists in that area after medical records are obtained. In certain cases, the hospital may also be responsible for failing to follow acceptable standards. In cases of medication errors, not only can the prescribing doctor be responsible, but the error may also be caused by the pharmacy. Malpractice may also occur when the specialist or hospital fails to administer proper tests, fails to conduct proper examinations, misdiagnoses a condition, or delays the diagnosis.
Please Note: Unlike other areas of practice, medical malpractices cases can require an upfront retainer to offset the cost of obtaining records and hiring the appropriate experts to provide an opinion on the issues of breach of the standard and causation of injuries. The necessity for a financial retainer can be discussed further during a consultation with one of our lawyers.
You can file a lawsuit at any time after you have been injured (or a loved one has died) and before the limitation period has expired. It is highly recommended that you consult a lawyer to determine whether you have a case that will be worth pursuing based on the risk and amounts involved. You can sue for pain and suffering, loss of income and earning capacity, future care expenses and housekeeping. If a loved one has died due to medical malpractice you may claim damages for wrongful death, including loss of care, guidance and companionship, loss of dependency, and loss of services.
You have two years to start a claim from the time the medical malpractice event took place (or in certain cases when you knew or ought to reasonably have known the malpractice took place). This is called a limitation period. In some cases, if the medical negligence occurred over a period, it may not be apparent when the limitation period begins. Legal advice should be obtained to help you understand if the limitation has or has not expired.
Generally, as part of a contingency fee agreement, you do not pay anything upfront unless an award is obtained for you, or a judgment is rendered after a trial. There may be a situation in complicated medical malpractice cases where an initial retainer is obtained in order to initially investigate and consult experts to see whether a viable claim can be pursued.
A lawyer will ask you questions about the events leading up to the malpractice, what injuries you suffered, and how it has impacted on your life including work, activities and the care you need. The lawyer will explain the risks involved in a lawsuit, the steps that will be taken, and what you may expect regarding potential outcomes. The lawyer will explain what a contingency fee retainer is and what type of claims they will be making.
If you or your loved one has suffered from a severe brain injury, as a result of the negligence of another person, please contact McLeish Orlando’s team of personal injury lawyers on our toll-free number for a free consultation.
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