Toronto Medical Malpractice Lawyers
Doctors, nurses, and hospital staff each have the responsibility of caring for the health of their patients to the best of their abilities. If they do not apply their best efforts to every case, then tragic consequences often arise. Unfortunately, many doctors do not use the appropriate level of care when handling patients. A doctor’s negligent actions often create additional medical complications and cost patients time, money, and even their lives. Any preventable illness is unjust, especially when a doctor, whose duty it is to maintain the health of a patient, creates it.
Our medical malpractice lawyers are in the Toronto and the Ontario area, and we will fight to protect your rights. Doctors and hospitals are responsible for making sure they perform their duties at a reasonable standard of care, meaning they shouldn’t make injuries worse. We have the experience and resources that you need on your side to ensure that you do not suffer further pain and financial loss due to the negligent actions of a doctor or their medical staff.
At Mazin & Associates, PC, we understand how infuriating it is when doctors fail to take the steps necessary to prevent their patient from facing additional injury. Patients seek doctors in good faith expecting to receive the highest level of care in their treatment. Unfortunately, many times that is not the case. Our Toronto medical malpractice lawyers believe that patients who receive care from negligent doctors deserve compensation for their unnecessary medical complications. Contact our office today at (416) 625-2122 to learn more about how our legal team can assist you in recovering the compensation you may deserve.
Why Do I Need A Medical Malpractice Lawyer?
If you have suffered injury due to the reckless or negligent actions of a doctor, nurse, or another medical professional, you likely have questions about your rights. How can I get compensated for my injuries? How long will I be out of work? Do I need a lawyer? As an injured victim in Toronto, you may be entitled to compensation that can cover some of the cost that you have incurred through no fault of your own.
Why Choose Us?
For over fifteen years, Gary Mazin, Personal Injury Lawyer, has dedicated himself to fighting for the rights of personal injury victims. Mr. Mazin, founder of Mazin & Associates, PC was voted the #1 Toronto Personal Injury Lawyer by Navigate Magazine and is proud to serve this great city and all of Ontario. He has numerous accomplishments from his years serving as a personal injury lawyer and has recovered substantial settlements and awards for previous clients.
Our Toronto medical malpractice firm has the skills, knowledge and the experience necessary to handle even the toughest medical malpractice cases. With our knowledgeable medical negligence lawyers as your advocates, we are ready to fight to protect your best interests. Your well-being is our top priority.
Mazin & Associates, PC believes that injury victims should not have to shoulder the financial burden of medical negligence they did nothing to cause, and as such, we’re ready to help you take appropriate action against the physician or hospital that is responsible for your unnecessary suffering. Don’t wait—complete our email form, chat live, or call our offices today at (416) 625-2122 to set up a free consultation with one of our knowledgeable and compassionate lawyers.
Common Types of Medical Malpractice
Even the best doctor is capable of medical malpractice if they do not care for patients to the best of their ability. All it takes is one error or one moment of negligence to cause severe injury or cost a patient his or her life. Medical malpractice can occur in many forms. Some of the most common types of medical malpractice include:
- Birth Injuries & Cerebral Palsy
- Delayed Treatment
- Improper Treatment
- Lack of Informed Consent
- Surgical Errors
- Emergency Room Errors
- Pharmaceutical Errors
- Wrongful Death
- Hospital Negligence
When medical professionals are negligent, the burdens of the consequences are placed on the patient. These doctors and hospitals need to be held responsible for the unnecessary harm they cause.
Medical Malpractice Lawsuits
Medical malpractice cases are complicated lawsuits that are vigorously defended by aggressive defense counsel. In such cases, there are frequently claims made by a patient or a family member of the patient’s family against doctors, nurses or hospital workers that provided medical care.
To succeed in a medical malpractice case, the complainant must satisfy the court that the caregiver’s conduct fell below the standard of care to which the patient was entitled.
In medical malpractice law, negligence refers to caregivers doing something they should not have done, or not doing something they should have done, measured against the reasonable treatment that should have been done in the circumstances.
Frequently Asked Questions
If you were injured due to a physician’s negligence, you probably have a lot of questions. We have compiled a list of frequently asked questions to assist everyone who has wrongfully suffered from someone else’s actions. Contact our office at (416) 625-2122 if you have any further questions about your legal options, and we will kindly assist you.
How do you prove medical malpractice?
Medical malpractice is often a case of negligence by your doctor. This negligence can occur in a variety of forms such as improper care, failure to diagnose, or delayed treatment. To prove that the doctor failed to provide adequate care, our law office typically utilizes our network of expert consultants to show that any competent doctor would have acted differently under the same circumstances. Furthermore, we will consult with the established medical associations to see if your doctor failed to follow conventional medical procedures or was negligent in doing so.
|How a Lawyer Proves Medical Malpractice
|Prove that the doctor at fault had a working relationship with the client.
|Hire other experienced doctors to testify on how they would have acted in the situation that resulted in harm.
|Consult medical associations to determine the standards of practice in that field.
|Through steps 1-3, show how the doctor failed to follow standards of practice and caused harm in doing so.
How long will my case take?
While many cases are settled within weeks after legal notice, sometimes it takes years for the court system to process the case. Every case presents its own unique set of challenges for gathering evidence, attending trial hearings, and meeting deadlines. Robust, reliable legal representation is rarely fast because good lawyers will take the appropriate amount of time to conduct their due diligence. Rough timelines are difficult to give without first analyzing your case. For more specific information, contact our office at (416) 625-2122.
What constitutes negligence?
Every person has the responsibility to treat every other person they encounter with reasonable care. Negligence occurs when a person fails to take this reasonable care. Reasonable care is defined as acting with a degree of caution that a rational person would exercise under the same circumstance. For instance, a physician who fails to follow protocol for a routine surgery that later has complications can be found guilty of negligence.
When should I see a lawyer?
It is advisable for you to see a personal injury lawyer as soon as possible after an accident. In many situations, there are stringent timelines. A notice letter may have to be sent within days of an accident to preserve legal rights–otherwise, you may lose all of your rights to claim compensation.
Medical Malpractice Statistics
Each year, many people across Toronto are hurt due to the medical negligence. According to the New England Journal of Medicine article, ‘Medical Malpractice – The Canadian Experience,’ the legal system for dealing with malpractice claims in Canada vs. the United States is somewhat similar. Despite a lower frequency of litigation and cost of insurance in Canada, the growth rates in both the frequency of claims and the size of awards are similar in the two countries, and average awards are not very different. The article states:
“Although the litigation rate in Canada is a fraction of that in the United States, Canadian physicians seem to respond similarly to the increase in litigation — by withdrawing services, undertaking more discussion with patients, keeping more records, and in the case of hospitals, establishing programs of institutional risk management. There is no evidence that Canadian physicians differ from their U.S. counterparts in the frequency of negligent activity, or that such activity has become less frequent in the United States as a result of the litigation explosion. Indeed, the recent New York malpractice study10 failed at first to find evidence that the incidence of malpractice was substantially reduced in areas with high rates of malpractice litigation. This leads us to wonder whether the enormously higher rate of litigation in the United States deters negligent activity correspondingly more than the much lower litigation rate found in Canada.”
According to a Library of Congress research article ‘Medical Malpractice Liability: Canada:
“Despite numerous factors that discourage medical malpractice lawsuits in Canada, there are numerous reported cases in which doctors, hospitals, and healthcare professionals have been found liable for acts of negligence in the delivery of care.” The article shows that in Canada, a plaintiff must show that “the defendant owed him or her a duty of care, the defendant did not deliver the standard of care owed, the plaintiff’s injuries were reasonably foreseeable, and the defendant’s breach of the duty of care was the proximate cause of the plaintiff’s injuries”.
The article sums up by stating that:
“Controversy over the effect that malpractice lawsuits are having on the delivery of health care have never risen in Canada to the levels that they have in the United States. Awards against physicians have, on a per capita basis, been much less frequent than in the United States and awards have generally been much smaller for similar injuries. There are a number of factors as to why this is the case. Proving negligence can be harder, the CMPA defends malpractice lawsuits very vigorously, there is a flexible cap on non-pecuniary losses, and punitive damages are seldom awarded. Nevertheless, there is a growing body of case law respecting medical malpractice that demonstrates a tendency of the courts and juries to be somewhat more open to claims that a physician should be held liable for committing an act of negligence that causes injury to a person to whom he or she owes a duty of care.”
Contact a Medical Malpractice Lawyer
At Mazin & Associates, PC, we’ve been helping medical negligence victims in Canada get the justice they deserve and recover fair and just compensation. It takes knowledgeable and skilled lawyers to review each personal injury case thoroughly so that proper action can be taken to ensure the necessary compensation for an individual’s injuries. Seeking the compensation that you need might seem overwhelming, and it is not something you have to handle on your own.
If you or someone you know suffered from improper medical care, you do not have to face the consequences without fair compensation. At Mazin & Associates, PC, we believe that doctors should be held accountable for the additional harm they cause to their patients if they failed to uphold the standard and expected duty of care. Patients place their trust and money in their doctors and should receive the highest level of care possible. Call our legal team at (416) 625-2122 to schedule a free consultation.