Personal Injury
Medical malpractice
Misdiagnosis, delayed diagnosis, surgical error, medication error, and consent issues where negligent care caused avoidable harm.
A poor medical outcome is not, on its own, negligence. A malpractice claim requires proof that the care fell below the standard expected of a reasonable practitioner in the same circumstances, and that the failure caused the injury complained of.
These are expert-driven claims. Before anything is issued, the records are collected and reviewed with an independent specialist so the merits are assessed honestly rather than optimistically.
Standard of care and causation
Two questions are decided separately. First, did the practitioner or hospital meet the standard of care expected in the circumstances. Second, would the outcome have been different had the standard been met. Many otherwise sympathetic cases fail on the second question, which is why an early expert review is worth more than an early statement of claim.
The records come first
Hospital charts, imaging, nursing notes, operative reports, and family physician records are requested at the outset. You are entitled to your own records, and gathering them early protects both the assessment and the deadline.
Deadlines and cost
The basic limitation period in Ontario is two years from when you knew, or reasonably ought to have known, that the injury was caused by the care you received. Claims involving minors and delayed discovery are treated differently. Malpractice litigation is defended vigorously and carries significant expert disbursements, so the fee arrangement and likely costs are set out in writing before any work begins.
Questions clients ask
Does a bad outcome mean there was malpractice?
No. Medicine carries inherent risk and a complication can occur without any negligence. The question is whether the care met the accepted standard and, if not, whether that failure changed the outcome.
How do I know if it is worth investigating?
Bring what you have — discharge summaries, appointment dates, and your account of what happened. The records are then reviewed and, where the facts warrant it, an independent specialist opinion is obtained before you commit to litigation.
This page is general information about Ontario law, not legal advice for your situation. Book a consultation for advice on your own matter.
Consultation
Find out where your claim stands.
A short, confidential conversation is usually enough to tell you whether there is a claim, what the deadlines are, and what the next step would cost you.
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