Medical Malpractice

Yes. In fact, there are varieties of payments (otherwise known as damages). General damages are associated with pain, mental anguish, suffering, reduced quality of life and joy, and other similar after-effects of the malpractice. Special damages pertain to medical bills, lost income for individuals and supportive loved ones missing work, and more.

Misdiagnosing a patient’s illness or condition –not making an accurate diagnosis– is one example of malpractice. Medical malpractice also occurs when the patient is not warned of risks associated with a treatment or prescription drug. Another example of a medical malpractice claim arises when a surgical procedure falls below the general accepted standard of care which results in harm to the patient.

Yes, absolutely. Do not throw anything away documents related to the facility and employees in question – even emails confirming appointment times or old prescriptions. If you have been injured as a result of medical malpractice, it is likely that the negligent party will try to downplay the issue. Some cases have been lost due to insufficient evidence, and when your way of life and financial security is on the line, it is best to remain proactive and gather all documentation possible.

For hospitals in Ontario, you are required to file a lawsuit within two years of the date when you knew or ought to have known that you could have a case. It is best to assume that time begins to run when you were discharged from the doctor who provided the treatment. For medical practitioners, the lawsuit needs to be filed no more than two years from the date the malpractice most likely occurred or when evidence of such became apparent. The law concerning limitation periods is complex. However, know that the Mann Lawyers team is here to help you make sense of the process.