Surgical Malpractice
When we go to the hospital for surgery, we trust surgeons and their assistants to perform the procedure to the best of their ability. However, when they make mistakes, the results can be tragic. You may experience a lower quality of life as a result of surgical malpractice — such as being unable to work or care for yourself. Families can be left to care for a loved one, or much worse.
If you or someone you love has been seriously injured as a result of surgical malpractice, you may entitled to compensation. Find out today – call our surgical lawyers at 1-866-269-2481
Oatley Vigmond has the skill and experience to fight for your claim in court. Moreover, our surgical malpractice lawyers will assist you and your family with immediate and ongoing care needs to ensure your physical, emotional, and financial wellbeing throughout the course of your trial. Call now, or read on to learn more about surgical malpractice litigation at our personal injury firm.
What is Surgical Malpractice – Do I Have a Case?
Broadly speaking, surgical malpractice refers to any instance where physical, emotional, or financial harm was inflicted as a direct result of a doctor’s negligence before, during, or after an operation.
Surgical injury and error varies widely in type and severity. Malpractice can refer to instances where doctors failed to remove surgical materials during the operation; doctors’ control for infection was deficient; or where surgical techniques were improper, especially when these errors result in damage to nearby organs or membranes.
Not every complication or bad outcome from a surgical procedure is considered surgical malpractice. Having said that, even if your surgeon tells you that every reasonable effort was made to prevent what happened, that may not always be the case.
In most cases, your claim will proceed under the theory of surgical negligence. Related issues include: 1) negligent prescription of medications or medical devices; and 2) failure to obtain a patient’s “informed consent.”
Under the theory of negligence, the patient must prove:
- The surgeon’s duty of care to the patient, typically through illustration of the doctor/patient relationship
- The applicable standard of care, along with the health care professional’s deviation from this standard
- The extent of the patient’s injury, often through third-party assessments made by medical professionals
- The causal connection between the doctor’s deviation from the standard of care and the patient’s injury
To confirm the viability of your surgical malpractice case, contact a personal injury lawyer in Ontario. Our team has over 40 years of experience and a history of success in surgical malpractice litigation, and we offer free, no-commitment consultations with a promise that you do not pay until your claim is success.
How much compensation will I receive with a successful Surgical Malpractice claim?
Because every case is unique, we cannot estimate verdict and settlement amounts here. Please review our surgical malpractice success stories or call our firm for an idea of the compensation you can expect.
Though compensation amounts vary, what never changes is Oatley Vigmond’s commitment to fairness and client satisfaction. Our surgical malpractice firm understand the financial challenges posed by a prolonged personal injury case, especially when adverse surgical outcomes prevent the individual from returning to work. With that in mind, we offer 100% free consultations and do not collect legal fees until your claim is successful. In doing so, we make our representation available to any Ontarian in need, and eliminate the financial risks of an unsuccessful claim.
Do I need a surgical Malpractice lawyer – Why choose Oatley Vigmond?
In Canada, most surgeons are covered by a specialized medical defence organization called the Canadian Medical Protective Association. The CMPA defends surgeons who are alleged to have been negligent in caring for a patient. Lawyers who specialize in surgical malpractice are familiar with the CMPA and the evidence required in order to be successful in developing a claim.
Our surgical malpractice lawyers have over 40 years of experience with the CMPA, and have produced a proven track record for advocating and winning cases on behalf of injured persons and their families. Many of our lawyers are certified as Litigation Specialists by the Law Society of Upper Canada. This is the only body that governs Ontario’s lawyers ensuring that the people of Ontario are served by lawyers who meet high standards of learning, competence and professional conduct. When you choose our surgical malpractice law firm, you can be sure that our lawyers and support staff will work side-by-side to offer the highest level of legal guidance to see your case through to a successful settlement or outcome.
Putting our experience and history of success aside, what truly sets our surgical malpractice firm apart from the competition is that we always put people first. We understand the mental, physical, and financial pain and suffering surgical malpractice brings, and know how to make this difficult process easier for our clients. Over the course of a lawsuit, we develop a special relationship with our clients, tending to their immediate and ongoing needs while simultaneously fighting for their claim in court.
Consult with Oatley Vigmond – understand your options
Oatley Vigmond represents people who have experienced surgical malpractice throughout Ontario.
If you or someone you love has been seriously injured, call toll free at 1-866-269-2481 visit our contact page to book a consultation.
What are some examples of medical malpractice?
Birth injuries may occur for a variety of reasons, but in instances in which they are caused due to medical negligence and careless mistakes made by your health care provider, you have the legal right to hold the responsible party accountable. Some birth injuries that may be caused by medical malpractice include:
- Brachial plexus (also known as Erb’s palsy or shoulder dystocia)
- Persistent Pulmonary Hypertension of the Newborn (PPHN)
- Anoxia
- Bone fractures
- Hypoxia
- Cephalohematoma
- Facial paralysis
- Spinal cord injuries
- Fetal lacerations
- Caput succedaneum
- Delayed recognition of fetal distress
- Failure to assess
- Improper use of forceps
Cerebral Palsy can be caused by a number of complications during labour, some of which may have been caused by the doctor or the attending nurses. Your cerebral palsy injury claim can be substantiated by any of the following negligent acts by a health care provider:
- Failure to recognize or treat seizures post-delivery
- Improper or excessive use of vacuum extraction
- Improper use of delivery forceps
- Failure to identify prolapsed umbilical cord which results in oxygen deprivation
- Failure to extract the child from the birth canal in a timely manner, resulting in oxygen deprivation
- Improper response to the mother’s elevated blood pressure or toxemia
- Improper diagnoses or treatment of jaundice or meningitis
- Failure to perform C-section in a timely matter despite large birth weight indicators
- Failure to respond adequately to fetal heart rate changes
A doctor’s negligence can have grave consequences, potentially resulting in unnecessary injury and prolonged suffering. This can mean financial losses, emotional pain and suffering, and even death. Although every case is different, your medical malpractice lawyer will generally use the following framework for the basis of your doctor’s negligence claim:
- Establish criteria for a reasonable standard of care. Before we can determine whether your doctor’s actions failed to meet reasonable medical standards, we must first define these criteria. Your medical malpractice lawyer will retain specialists from the health care sector to identify reasonable standards of care, then ascertain whether these were met.
- Identify a breach of reasonable standards of care. Once we have established criteria for reasonable standards of medical care and competency, we must prove the doctor’s negligence.
- Establish causation for your personal injury. To win your medical malpractice case, you must link your injury to the doctor’s negligence. In some cases, a proven breach of reasonable standards of care may be unrelated to the injury. For example, failure to sterilize surgical tools is a clear breach of reasonable standards, but cannot be considered the cause for the wrong arm being operated on. On the other hand, the doctor’s negligence here could be linked to the development of a life-threatening infection during the patient’s recovery.
- Assess the damages of your medical malpractice injury. Once you have submitted evidence that establishes the doctor’s negligence caused your injury, you will need to assess its financial consequences. Accurate assessments depend on specialized knowledge obtained through collaboration between insurers, medical experts and members of your legal team.
Pharmacy malpractice or pharmacy negligence refers to the incorrect filling of a prescription and can also include:
- Processing order liabilities
- Unauthorized prescription refills
- Improper labelling or instruction
- Wrong drug, dosage or potency
- Failure to warn patient of hazardous side effects, including addiction, consequences of excessive dosages and other risks that may arise from using the drug
- Failure to dispense necessary medication
Typically, the success of a pharmacy malpractice case will hinge on two factors:
- The personal injury lawyer’s ability to establish the pharmacist’s duty of care to the persons receiving his or her prescription – this may require proof of vicarious liability
- The personal injury lawyer’s ability to prove that pharmacy malpractice or pharmacy negligence has occurred – this will require documentary and oral evidence, as well as testimony from medical experts detailing the harm resulting from negligence
Once these criteria have been satisfied, liability will be imposed on the pharmacist, who will be required to compensate for pain and suffering, medical care, and other financial losses and expenses resulting from their negligence. Families who lose a loved one can also file a pharmacy malpractice against the pharmacist who breached their duty of care.
Surgical malpractice refers to any instance where physical, emotional or financial harm was inflicted as a direct result of a doctor’s negligence before, during or after an operation. Surgical injury and error varies widely in type and severity. For example, a doctor could fail to remove surgical materials during the operation, use improper surgical techniques, and as a result cause damage to nearby organs or membranes. In most cases, your claim will proceed under the theory of surgical negligence. Related issues include: negligent prescription of medications or medical devices and failure to obtain a patient’s “informed consent.”
Under the theory of negligence, the patient must prove:
- The surgeon’s duty of care to the patient, typically through illustration of the doctor/patient relationship
- The applicable standard of care, along with the health care professional’s deviation from this standard
- The extent of the patient’s injury, often through third-party assessments made by medical professionals
- The causal connection between the doctor’s deviation from the standard of care and the patient’s injury
What happens if I suffer a medical malpractice?
Not all accidents and unfortunate outcomes are the result of medical malpractice. However, if you suspect that a health care professional involved in your care has made a mistake, it is important that you speak with a lawyer as soon as possible.
In Ontario, you can seek compensation for medical malpractice and sue for damages. The law also allows the family members of a person who has died to sue for damages. The area of medical malpractice is exceptionally complicated, and hospitals and health care professionals have a reputation of defending any lawsuits with well-funded and highly skilled lawyers. As a result, it’s important that you contact a medical malpractice lawyer with the academic and experiential knowledge needed to navigate this complex process.
Many law firms claim they can help you following medical malpractice. The Oatley Vigmond approach is what sets us apart. Many of our lawyers are certified as Litigation Specialists by the Law Society of Upper Canada; the only body that governs Ontario’s lawyers ensuring that the people of Ontario are served by lawyers who meet high standards of learning, competence and professional conduct. Our experienced personal injury lawyers help pursue compensation and address the long-term needs of the injured person and his or her family.
In Canada, most doctors are covered by a specialized medical defence organization called the Canadian Medical Protective Association. The CMPA defends doctors who are alleged to have been negligent in caring for a patient. Lawyers who specialize in medical malpractice are familiar with the CMPA and the evidence required in order to be successful in developing a claim.