Hamilton Medical Malpractice Lawyers - Ontario Compensation Claims
Most people do not fully understand the legal meaning of the word "negligence" when it relates to a personal injury compensation claim. If you have been injured by failed or erroneous treatment by a healthcare professional which includes doctors, nurses, dentists and technicians you should speak to a Hamilton medical malpractice lawyer without delay in order to ensure that you preserve your legal right to receive compensation. Most healthcare professionals try their best to provide the highest standard of care however occasionally things do go wrong which is where a Hamilton medical malpractice lawyer can assist you.
Standard of Care
Over 24,000 patients died due to medical malpractice in Canada last year in addition to more than 100,000 serious injuries yet, only a small percentage were investigated by clinical negligence lawyers. This means that many individuals and family members did not receive the compensation to which they were entitled. Negligent treatment is that which falls below an acceptable level determined by the standard that would be provided by a reasonably competent healthcare provider. Once negligence has been established it is necessary to show that the negligent act actually caused the damage as it may well be confused with the ongoing progress of the disease or illness. These issues are determined by the evidence of expert witnesses who are usually specialist medical practitioners. If you believe that you have been the victim of clinical negligence you should contact a Hamilton medical malpractice lawyer without delay.
It is also possible for a Hamilton medical malpractice lawyer to take legal action against a healthcare provider for negligence if the recommended treatment is not fully explained to the patient in advance to allow the patient to make an informed decision as to whether or not to proceed. The patient can only give informed consent if the healthcare provider outlines the risks and side effects and in addition discusses possible alternative treatment with the patient. If there is no informed consent, and it is incumbent on the healthcare provider to provide evidence, then any adverse occurrence, even if it is a common side effect will give rise to a medical malpractice compensation claim. If the medical professional did obtain informed consent then they may have a partial defense against well known risks however this will not cover them in the event of negligent treatment.
If you feel that you have been the victim of negligence is it important to act quickly. There are time limits on compensation claims for personal injury. In general terms a claim must be settled or proceedings must have been filed in a court of law within the limitation period failing which the opportunity to claim compensation may have been lost forever. The law does take into consideration minors and the mentally incapacitated however in any event you should take advice on time limits from a Hamilton medical malpractice lawyer at the first opportunity.
Free Legal Consultation
Our Hamilton medical malpractice lawyers offer free initial advice without further obligation. We are usually able to offer contingency fee arrangements which mean that we only charge for our legal fees in the event that the claim succeeds and a settlement of damages is received. If we do not claim successfully then we do not make any legal charges. If you would like to speak to a lawyer just complete and send the contact form or email our offices and a specialist clinical negligence lawyer will call you to discuss your potential case with no charge and no further obligation. We will attempt to provide instant advice over the telephone on the viability of your potential claim and the amount that you could expect to receive in the event of a successful outcome.