As a Ontario personal injury lawyer and medical malpractice lawyer, I am often asked "What is medical malpractice?" Some forms of medical malpractice are obvious, like performing surgery on the wrong body part or the wrong patient, or administering the wrong medication. More commonly, however, medical malpractice is difficult to recognize. A family may be wondering whether a bad outcome from a medical procedure was due to medical malpractice or a rare complication.
In Ontario, an individual may have a medical malpractice claim when a doctor or other medical professional failed to provide proper treatment, which caused the patient to suffer a new injury or death. Determining whether there is a medical malpractice claim requires a detailed review of your medical records and, often, consultation with a medical professional.
As such, a Toronto medical malpractice lawyer will need to obtain and review your medical and hospital records. If, after reviewing the medical records, the Toronto medical malpractice lawyer is of the opinion that there is some evidence of medical malpractice, they may proceed with retaining a medical expert to provide a preliminary opinion.
In order to advance an Ontario medical malpractice claim, it is necessary to have a medical expert opinions concluding that the treating physician or hospital was negligent.
It takes time to adequately review medical records and consult with experts. As such, it is important to consult with a Toronto medical malpractice lawyer as soon as possible so that you can protect your right to advance a claim. There are deadlines within which you must commence a medical malpractice claim in Ontario. If the deadline is missed, you may be barred from bringing a medical malpractice action no matter how merritorious your claim is.
Iacobelli law firm represents victims of medical malpractice throughout Ontario. To speak with us, call us toll free at 1-866-234-6093 or complete our online contact form here.
As a Toronto and York Region medical malpractice lawyer, I am frequently asked about how one determines whether they have a case for medical malpractice. This is a difficult question, and one that generally requires an experienced medical malpractice lawyer to review your medical records and the particular circumstances that resulted in injury.
Most people understand that almost all medical procedures have some amount of risk, and some illnesses cannot be cured despite the best medical care and treatment. Toronto medical malpractice lawyers that defend doctors will argue that not all bad outcomes are the result of medical negligence or malpractice. This is true. Nonetheless, when a minor or routine medical procedure results in serious injuries, such as paralysis, loss of limb, organ damage or death, it is clear that something went horribly wrong. In such instances, it is important to consult with an medical malpractice lawyer to determine whether the doctors, nurses or other medical providers missed or ignored warning signs, or failed to order the appropriate tests.
Many people never learn that they have been the victim of medical malpractice until they consult with a medical malpractice lawyer. Do not expect the doctor or hospital to tell you that medical malpractice has occurred or that it is even suspected. Most people will not be told that the serious injury or death was the result of medical malpractice. Instead, the doctors and hospital staff may advise that the patient had a rare complication. Sometimes you will only learn about the condition or complication without any explanation as to why it occurred. If you suspect that a serious injury or death occurred due to a medical mistake, you should not delay in consulting with a Toronto medical malpractice lawyer. A medical malpractice lawyer will obtain and review the relevant medical records. It is also likely, that the lawyer will have the medical records reviewed by a medical expert.
For a free consultation with a Toronto and Ontario medical malpractice lawyer, contact Iacobelli Law Firm.
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Andrew Iacobelli is an Ontario lawyer. Andrew focuses his practice on personal injury law.