Category: Medical Malpractice

doctor with Rx prescription medication bottle

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 […]

medical team performing surgery in an operating theatre

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 […]

doctor reaching for surgical instruments during operation

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 […]

nurse making a bed in a hospital

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 […]

surgical equipment assembled on a tray prior to a surgical procedure

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 […]

medical professionals hurrying a patient on a hospital gurney into the emergency room

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 […]

caregiver holding the hand of an elderly man in a wheelchair

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 […]

female doctor holding the hands of a distressed patient

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 […]

newborn baby with skin rash from allergic reaction after birth

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 […]

female doctor consulting with young female patient

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 […]

female patient refusing medication from a doctor

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 […]

doctor filling out patient records

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 […]

female doctor comforting female patient after bad news

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 […]

doctor holding form labelled 'Informed Consent' for patient to sign

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 […]

young female doctor consulting with elderly male patient

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. […]

baby crying due to shoulder dystocia birth injury

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 […]

medical malpractice claim on clipboard next to surgical scrubs and stethoscope

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 […]

female doctor comforting male patient after diagnostic error

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 […]

patient clutching his chest after getting bad news from his doctor

The Top Two Reasons People Want to Sue Their Doctors

Canadians count on stellar medical care for themselves and their families. When we are sick or in need of surgery, we seek out and rely upon the expert care of medical professionals. But, what if the standard of that care is lacking? What if a mistake is made? What if the doctor was negligent in […]

gloved doctor hand holding gavel

Defences to a Medical Malpractice Claim – What to Expect

Establishing a Medical Malpractice Claim A medical professional commits malpractice when they fail to meet the established standard of care within the profession. Medical malpractice claims are very difficult to prove, require a high level of technical expertise, are incredibly complex and nuanced, and vary widely in the issues at hand in the case. In […]

physicians reviewing standard of care in treating a patient

The Standard of Care: What Patients Should Expect

The Role of Standard of Care in Medical Malpractice Cases Medical malpractice claims are notoriously difficult and complex. Since the nature of these cases ties directly into the medical field, it’s important to understand the nuances that must be considered and assessed when determining if medical malpractice occurred. There are several key elements that must […]

upset doctor holding clipboard with medical malpractice lawsuit

How Hard Is It to Sue a Doctor for Medical Malpractice?

Medical malpractice can be extremely difficult to prove. This is attributable in part to the complexity of modern medicine, as well as the legal protections and resources doctors and other medical providers enjoy. It is important to know what challenges you face if you are harmed as a result of a doctor’s error. An experienced […]

Most Common Medical Malpractice Claims | Klein Lawyers

What Are the Types of Medical Malpractice?

Medical malpractice claims are a type of lawsuit that can be brought against a medical provider or medical facility who has fallen below the accepted standards of health care in the course of treatment and, thus, has caused harm or injury to a patient. These claims are very complex in nature and range vastly in […]

When Can I Sue a Doctor? | Klein Lawyers

Can You Sue a Doctor in BC?

Doctors in British Columbia have a duty to provide patients with care that meets the standards of the medical profession. Many doctors deliver a consistently high standard of care, promptly diagnosing health issues and delivering proper and effective treatments. However, medical negligence is still a major problem. The University of Toronto Magazine reports that anywhere […]

How to Know If You Have a Medical Malpractice Claim | Klein Lawyers

What Is Medical Malpractice?

A General Overview The area of law known as medical malpractice encompasses civil claims filed against medical providers for medical negligence and failing to provide proper medical care. The standard for proper medical care is established on the practices accepted within the medical profession. Medical malpractice cases are inherently complex and vary widely in nature, […]

Brain Damage Linked to Birth Injuries | Klein Lawyers

What Birth Injuries Cause Brain Damage?

Healthy development of the brain is crucial for a baby’s growth and development. Unfortunately, the brain is extremely sensitive to damage. An “insult” to the developing brain (such as an injury or illness) can lead to a wide range of complications and challenges that can affect a child for the rest of his or her […]

Suing an Emergency Room for Malpractice | Klein Lawyers

Can I Sue for Malpractice in Emergency Rooms?

The emergency room or emergency department of a hospital is a hectic environment. Doctors, nurses, and other staff are often racing to treat multiple casualties with little to no time before moving to the next patient. Although emergency room personnel are trained to handle a high volume of patients presenting with a wide variety of […]

Keeping Medical Records for a Malpractice Claim | Klein Lawyers

How Long Do You Have to Keep Medical Records?

Physicians and healthcare professionals are legally required to document and maintain accurate, comprehensive medical records in order to provide patients with the best possible care. Medical records document many important aspects of a patient’s health and medical history, including test results, plan of care, medications prescribed, treatments performed, and much more. Given the information in […]

Suing a Hospital for Misdiagnosis Malpractice | Klein Lawyers

Can You Sue a Hospital for Misdiagnosis?

Hospitals care for a high volume of patients. Doctors, nurses, and other staff are required to handle a wide variety of patient illnesses, injuries, and complaints, from medical emergencies to chronic disease. We expect hospitals and the people who work there to maintain a high level of care, accurately diagnosing our ailments and providing proper […]

What Is the Time Limit for Malpractice Claims? | Klein Lawyers

How Long Do I Have to Sue for Medical Negligence?

All personal injury claims are subject to time limits known as the limitation period. If you have been injured through no fault of your own, bringing a claim within the limitation period is crucial for recovering compensation. Medical negligence claims must be commenced within the limitation period as well. However, these cases often involve unique […]

How You Can Identify Medical Negligence | Klein Lawyers

Do I Have a Case for Medical Negligence?

Mistakes in a healthcare setting can have dire consequences. Patients may suffer new and more severe medical issues, complications, declining health, and even death due to errors on the part of doctors and other providers. If you or a family member suffered harm due to medical negligence, you may be entitled to compensation. You should […]

Understanding the Canadian Medical Protective Association | Klein Lawyers

What Is the CMPA?

Medical malpractice is a complex area of law. The science underlying claims of medical negligence can make it difficult for patients to prove (a) that an error occurred and (b) that the error resulted in injury. However, perhaps the more serious obstacle to recovering fair compensation for medical malpractice is the aggressive defence mounted on […]

Liable Parties in Medical Malpractice Cases | Klein Lawyers

What Medical Professionals Are Liable for Malpractice?

Generally, patients who suffer injury due to medical malpractice consider their doctor the person principally responsible. However, multiple providers involved in your care may be liable for damages stemming from medical errors. Medical malpractice claims are complex. Recovering the full compensation you deserve is dependent on identifying all of the professionals at fault for the […]