Defining Obstetrical Malpractice
Pregnancy and the birth of a child can bring a family immense happiness and joy. Because of the complexities and nature of obstetrics, however, complications and adverse outcomes can occur for both the mother and child. In some cases, a negative outcome may be the result of negligence on the part of a member of […]
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What Doctor Is Most Likely to Be Sued?
Have you ever had an experience with a doctor or medical professional that made you consider looking for medical malpractice lawyers? Unfortunately, it happens more often than you’d think, and you probably aren’t hearing anything about it. In Canada, approximately 70,000 patients a year suffer “serious injury as a result of treatments,” and approximately 23,000 […]
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When Medication Errors Become Medical Malpractice
Medical malpractice events can have serious, life-altering consequences for the victim. A common type of medical malpractice occurs when critical errors are made with medications. A medication error is defined as any event that occurs during the prescription, dispensation, or administration of a medication that could be prevented and that may lead to or cause […]
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Surgical Medical Malpractice Cases: An Overview
The prospect of needing to undergo a surgical procedure can be scary. Even routine operations can give cause for concern because of the different variables and potential factors that can influence the outcome of the procedure. Compounding that fear is the reality that surgical errors are a leading cause of harm to patients within hospital […]
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What Is the Most Common Type of Surgical Error?
Surgical errors take a number of different forms. Although not all errors during surgery give rise to a medical negligence claim, it is important to know your rights if you or a member of your family has been a victim of surgical malpractice. Klein Lawyers understands the impact surgical errors have on patients and their […]
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How Hospital Staffing Issues Can Contribute to Medical Malpractice
In hospitals and other medical care centers, medical malpractice events can occur for a variety of reasons. One key contributing factor, however, can be understaffing of critical positions like physicians, physician assistants, nurse practitioners, nurses, and other vital personnel. Adequate nursing staffs, in particular, are a foundational element of patient care. Nurses provide frontline medical […]
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Can I Sue If a Foreign Object Is Left Inside Me During Surgery?
A surgical negligence lawyer can investigate the periods of time prior to, during, and after a surgical procedure to determine whether a negligent surgical error caused you harm. One of the most egregious and serious examples of a surgical error is leaving an object inside the patient. Surgical procedures involve many different types of equipment […]
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Common Mistakes Made in the Emergency Room
Instances of medical malpractice can be surprisingly common in a hospital setting, particularly in emergency departments. The often chaotic, stressful, and fast-paced environment common in emergency rooms contributes heavily to the number of mistakes and critical medical errors made there. Compounding problems created by an already complex environment are staff shortages and reduced hours as […]
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Financial Burdens Caused by Medical Malpractice
When someone is seriously harmed by medical malpractice, the aftermath and lasting effects of their injuries can create crushing financial implications. Many victims suffer from injuries that will impact them for the rest of their lives. Those injuries often require ongoing medical care and treatment, the cost of which can be incredibly expensive. Children injured […]
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Can You Sue a Doctor for Pain and Suffering?
Patients who suffer injury or lose a loved one as a result of medical negligence can find the concept of damages for pain and suffering to be confusing. It is important to understand that there are two types of recoverable damages in a personal injury case. Pecuniary damages include the economic costs incurred as a […]
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Birth Injuries Resulting From Medical Malpractice
When an injury occurs during the birth of a child, the life of a family can be upended and impacted forever. A birth injury is an injury an infant sustains during pregnancy, labour, delivery, or post-delivery. In some cases, the injuries can be immediately diagnosed, but in others, it may take years to identify the […]
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Duty of Care – The Doctor-Patient Relationship
The relationship between a patient and their doctor requires mutual respect, trust, and honesty. The goal of the relationship is often to improve or maintain the health of the patient. Therefore, not only is the relationship incredibly important, but it must also be one of collaboration and provide an understanding of both the patient’s expectations […]
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What to Do If a Doctor Overlooks a Known Drug Allergy
Severe allergic reaction to medication is classified as a “never event.” In the medical profession, never events are preventable errors that can seriously harm patients and even result in the death of a patient. A medical malpractice lawyer can evaluate the circumstances of an adverse medication reaction to determine if a doctor or other medical […]
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Causation: Basic Principles in Medical Negligence
Medical negligence cases present a myriad of inherent complexities and challenges for the plaintiff. One of the essential elements a plaintiff must establish is causation. Causation is the direct relationship between the defendant’s negligence and the injury to the plaintiff. The question that must be answered is: Did the defendant’s breach of the standard of […]
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How Do You Determine If You Have a Case for Medical Malpractice?
Medical malpractice cases involve their own unique sets of circumstances, facts, and parties. No two cases are identical. Assessing whether or not a case has merit is a difficult and complicated process. Because of the nature of medical malpractice cases, both a legal and medical analysis are required in order to not only assess the […]
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The Evolution of the Law of Informed Consent
The concept of consent in the medical field has evolved considerably. The Britannica Dictionary defines consent as, “to agree to do or allow something: to give permission for something to happen or be done.” In medical and legal contexts, the concept of consent addresses the complexities of the doctor-patient relationship and the responsibility placed on […]
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Damages in Medical Malpractice Cases
Medical malpractice cases are complex and often take years to reach a resolution. The process can be intimidating to patients who were the victims of alleged negligence by their doctors. Lawyers who handle these types of cases will guide their clients through the process and explain what’s going on and what they can expect next. […]
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What Is Shoulder Dystocia?
Shoulder dystocia (dis-TOE-she-uh) is a birth injury that occurs when a baby’s shoulder becomes trapped behind the mother’s pubic bone during labour. If the condition is not resolved promptly, the baby can suffer injuries that may result in long-term and even lifelong complications. The mother is also at risk of harm if shoulder dystocia is […]
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The Canadian Medical Protective Association and How It Differs from an Insurance Company
Incidents of medical malpractice are a sad reality for patients of the Canadian health care system. Acts of negligence and malpractice resulting in adverse health outcomes drastically affect the lives of tens of thousands of victims every year. When medical malpractice occurs, the only way for Canadians to seek compensation for their injuries is through […]
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Medical Malpractice Claims Involving Misdiagnosis, Missed Diagnosis, or Delayed Diagnosis
Medical malpractice can take many different forms. Cases involving diagnoses that are late, wrong, or missed completely represent some of the most prevalent instances of medical malpractice events. While mistakes in the vast and complex field of medicine are sometimes unavoidable, sadly, sometimes these errors result in significant harm and injury to a patient. In […]
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