Medical Malpractice
(Professional Negligence)
When a doctor, surgeon or other healthcare provider is negligent, the results can be devastating. Physical and psychological scars can take years to heal, while paying medical bills and additional home expenses can take their financial toll.
Compensation can help relieve some of the burden – but suing a healthcare professional or hospital is difficult. You have to prove they failed to meet the standard of care expected of them by the medical profession, considering factors like their training, education and expertise.
The only way to prove this is to hire a healthcare expert in the same field. They will review all your documents and records, and may also need a medical appointment with you, before telling you whether or not they think the healthcare provider was negligent.
This process is expensive. The initial healthcare expert report cost is between $3,000 and $5,000. Records have to be collected from all your healthcare providers which is also a cost to you.
Until you have the expert’s opinion, it is very difficult for any lawyer to tell you whether or not you have a case and can begin a lawsuit.
Because of this, we will likely require a downpayment of $5,000 before I can start work on medical malpractice cases. Payments can be arranged to make sure you have access to the best legal representation, no matter what your financial situation.
If you choose to file a lawsuit, I will work hard to prove the healthcare provider was negligent and get you the compensation you deserve. There are three types of compensation:
This is a claim for your past, present and future difficulties. In Ontario, compensation ranges from $0 for a sprained thumb to $318,000 for someone who is brain-injured and quadriplegic.
This is a claim for loss of wages in the past, present and future. If you are unable to work (temporarily or for the rest of your life), return to work but make less money, or fail to get employment or promotion because of your injury, you may be entitled to compensation.
This compensates you for any expenses caused by ongoing medical difficulties, including over-the-counter prescription medication, rehabilitation devices, or parking and mileage for doctors’ appointments. It does not usually amount to very much money.
You also have a right to make a complaint to the College of Physicians and Surgeons of Ontario or the regulating body of the particular healthcare profession. You can also informally ask your doctor about the situation to see if they think the healthcare provider was negligent.
