When you are treated by a healthcare provider, you have the right to expect competence, diligence and care. If a hospital, long-term care home, doctor, nurse or other healthcare provider causes mental and/or physical suffering because of their negligence, omissions or other errors then they can be held responsible for the consequences.
To prove a healthcare professional was negligent or guilty of malpractice, it must be proved that the healthcare provider:
- Breached the standard of care expected of a reasonable professional/provider in their field; and,
- That the breach caused the damages alleged (serious injury or death).
Medical malpractice claims are complex and challenging to navigate. Pursuing a successful claim requires experienced lawyers with an understanding of the law and medical science to work with highly qualified medical experts to prove this standard of care was breached and this breach resulted in injuries or death. At Advocai our experienced lawyers are here to support you every step along the way.
Common Types of Medical Malpractice
Medical malpractice can take many forms, including:
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Medication error
- Anesthetic error
- Nursing error
- Surgical error
- Failure to properly or promptly treat
- Failure to advise of risk
- Deficiencies in post-operative care
- Defects or failure of medical devices
- Birth injuries
- Wrongful death
What is NOT Medical Malpractice
If a patient undergoes treatment voluntarily but suffers from an undesired outcome caused by a risk that is inherent to the treatment – that is NOT medical malpractice. Medical treatments are not risk free and many bad outcomes (which are called adverse events) are not a result of negligent behavior on the part of the health care practitioner.
To be medical malpractice, the health care practitioner must have made a mistake that caused the injury or death.
Damages from Medical Malpractice
If you or a loved one has been the victim of medical malpractice, you may be entitled to compensation for pain and suffering, loss of income and earning capacity, future care expenses and housekeeping. Compensation is especially important in this context, because it can provide the victim with the means to afford more appropriate care in the future. If a loved one has died due to medical malpractice, you may be entitled to damages for wrongful death, including loss of care, guidance and companionship, loss of dependency, and loss of services.
Legal Assistance from the Lawyers at Advocai
At Advocai we are selective when it comes to which medical malpractice cases we will take on. In all medical malpractice cases we take - there must be very serious and permanent injuries or wrongful death.
The cases that we take on typically involve:
- Injuries or wrongful death to residents of Long-Term Care Homes;
- Injuries or wrongful death to residents of Nursing Homes or Retirement Homes that provide medical services (memory care, locked-units, feeding services, medication dispensation, etc);
- Claims against nurses, chiropractors, or other allied healthcare providers; or,
- Birth Injuries.
At Advocai, we have a special interest in medical malpractice cases involving elderly clients, long-term care homes and retirement homes.
Upfront Retainer May be Required
In some cases, malpractice is obvious from the very start (ie. the doctor amputated the wrong limb or a long-term care resident is dropped while being transferred). In many other cases, it is impossible to determine whether medical malpractice was the cause of the bad outcome without an in-depth investigation. In cases where an investigation is necessary Advocai may ask for an up-front retainer to obtain the necessary records and expert opinions required to determine whether a case is viable.
Once retained, we will investigate the conduct of the healthcare provider(s) and/or the medical institution. We will consult with experts to determine if the providers and/or institutions failed to meet the standard of care, and if the failure caused or contributed to the damages or injuries suffered. We will obtain and review all relevant records and interview all relevant witnesses and experts in order to assess the quantum of damages.
Contact Us Regarding Potential Medical Negligence Claims
We help victims and their families get the compensation they deserve. We will ensure the matter is handled promptly and carefully. Contact Advocai today for a free consultation.
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Contact us for more information about our services and to discuss your claim.