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Personal Injury Lawyers – Medical Malpractice

Personal Injury Lawyers

Medical Malpractice Lawyers

Medical Malpractice

Medical Malpractice lawsuits can be difficult and complex. It is important to gather and preserve the relevant evidence in order to demonstrate that a negligence was done by the medical professional.  If you have sustained injuries from medical malpractice, you need to contact an experienced Personal Injury Lawyer immediately to discuss your case and the next steps that must be taken.  At Scardicchio Law Office Professional Corporation, our Personal Injury Lawyers represent people injured in medical malpractice cases in Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener and across Southwestern Ontario. 

Call us to find out what your medical malpractice case may be worth.

Contacting the medical malpractice injury lawyers is important because an experienced medical malpractice lawyer will be able to get you the compensation that you deserve.  

There have been several serious medical malpractice cases in Ontario throughout the years.  

What Is Medical Malpractice?

Medical malpractice most often occurs where a physician acts negligently while a patient is in their care. Malpractice can occur from the negligent action of a physician or by their failure to appropriately take actions to treat the patient. For example, a health care provider may be negligent where there is a failure to properly investigate a patient’s condition in order to diagnose them within a reasonable time. Another example is where a patient does not provide informed consent to a medical procedure, which unfortunately results in some form of harm or injury caused to the patient. Physicians must disclose any material risks involved in a treatment.

The Supreme Court outlined the duty of disclosure:

The Supreme Court of Canada explained, as outlined by Chief Justice Laskin, “What the doctor knows or should know that the particular patient deems relevant to a decision whether to undergo prescribed treatment goes equally to his duty of disclosure as do the material risks recognized as a matter of required medical knowledge.”

If you or a loved one has been victim to the negligence of a health professional, physician, chiropractor, nurse, or other treaters, call our office to speak with a medical malpractice lawyer to discuss your case. At Scardicchio Law Office Professional Corporation, we offer a free, no-obligation consultation and we take pride in assisting people to understand their rights and entitlements.

In the News:

Brampton hospital settles for $21 million in case that left girl brain-damaged | The Star

Mississauga surgeon hit with 9 lawsuits | The Star

Coming clean on medical mistakes | The Star

Hospitals slow to learn from own mistakes | CBC News

Pathologist negligent in failing to diagnose cancer: Ontario Superior Court | Canadian Lawyer (canadianlawyermag.com)

The Canadian Medical Protective Association

The Canadian Medical Protective Association represents doctors in Canada (CMPA). The organization supports and protects physicians by defending their members in most medical-legal actions from a claim of negligence. This means that the CMPA pays the legal fees to defend its members as well as any potential compensation received by patients.  The Hospital Insurance Reciprocal of Canada represents many hospitals.  

Limitation Time

For claimants of medical malpractice, once they discover the injury. Limitation times are determined by the province, but are most often two years.  If a child is injured at birth, they have until they turn 18-years old, and then have 2-years from then.

At Scardicchio Law Office Professional Corporation, our medical malpractice injury lawyers will evaluate every aspect of your injury claim and work hard to recover the most compensation that you case is worth. 

 

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– Martin Luther King Jr.

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Our team of dedicated Personal Injury vigorously represent your Medical Malpractice claims, and we work to get you the results you deserve.  Contact us today for a free telepone consultation to discuss your case.

Reporting a car accident

Reporting a car accident in Ontario depends on a few factors.  First, if the damage does not exceed $2,000, then you are not legally required to file a police accident report or call police to the scene of the accident.  But, if an injury occurred, no matter the size of the damage, then you must call the police. Contact the collision reporting centre at:

Peel Police Reporting Centre

Toronto Police Reporting Centre

York Region Police Reporting Centre

Hamilton Police Reporting Centre

Barrie Police Reporting Centre

HOW DO I ACCESS AUTO INSURANCE CLAIMS FORMS (ACCIDENT BENEFITS)?
How to settle your accident benefits claims?

If you have been injured in a car accident, and require access to Accident Benefits, then contact our Personal Injury Lawyers at Lawyers at Scardicchio Law Office Professional Corporation to get a free case evaluation and find out what your case is worth.  Our team of Injury Lawyers can help settle your Accident Benefits claim.

Should I hire a Lawyer for my disability claim?

If you have sustained injuries from an accident and require assistance filing your Long-term or short-term Disability claim, or to appeal a denied Disability claim, you need to contact an experienced Personal Injury Lawyer immediately to discuss your case and the next steps that must be taken.  At Scardicchio Law Office Professional Corporation, our Personal Injury Lawyers handle disability claims in Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener and across Southwestern Ontario. 

Reporting Nursing Home Neglect

Reporting a nursing home neglect has multiple steps. Since nursing homes are heavily regulated by the Ministry of Health and Long-term care, it is prudent to advise the Ministry upon any suspicion of nursing home neglect, especially where it may have caused a serious injury, or contributed to a fatality of your loved one.

How long does it take to receive a settlement in a nursing home neglect case?

Depending on whether your case is complex and the willingess of the other party to settle, your case can take anywhere from a year to many years longer.  Reporting your injuries to your doctor is important and ongoing.  Nursing home neglect are complex, and these types of cases usually have procedural steps that must be taken by your experienced personal injury lawyer, especially if the neglect resulted in the death of your loved one. Call us today to discuss your nursing home neglect injury case.

Types of Injuries from Nursing Home Neglect

Some examples of nursing home neglect injuries include:

Malnutrition and dehydration
Bed sores
Improper use of restraints
Improper supervision
Failure to follow plan-of-care
Physical assault

Types of Medical Malpractice Claims

Some examples of medical malpractice claims may include:

Child Birth Injuries

If you believe your doctor or health practitioner did not provide the standard of care during the birth of your child, it is important to contact a medical malpractice lawyer immediately.

Improper Use of medical equipment or sterilization

In the past, Ontario has seen cases where unsafe injection practices have led to a patient contracting serious terminal disease by infected blood or blood products, causing hepatitis.

Spinal Cord Injuries or Traumatic Brain Injuries

Brain injuries and spinal cord injuries are serious.

Physician’s Non-disclosure of Risks

If you have been injured by a physician’s negligence and were not provided with the material risks involved in a procedure, treatment or surgery, contact our office immediately.

Mis-diagnosis

If you were misdiagnosed by a physician, which resulted in serious injuries, contact our medical malpractice lawyers today.

Failure to diagnose

If a physician failed to properly diagnose your health condition, contact our lawyers to discuss your next steps.

Dental malpractice

If you have been injured due to the negligence of a Dentist, you may be entitled to compensation.

Surgical Negligence

If you have been injured due to a negligent surgeon, contact our office to discuss your case. 

HOW LONG DOES IT TAKE TO RECEIVE A SETTLEMENT IN A CAR ACCIDENT CASE?

Depending on whether your case is complex and the willingess of the other party to settle, your case can take anywhere from a year to many years longer.  Reporting your injuries to your doctor is important and ongoing.  Car accident cases usually have procedural steps that must be taken by your experienced personal injury lawyer.  Call us today to discuss your car accident injury case.

License Appeal Tribunal Forms (LAT)

You may findthe application and response forms for a LAT dispute here:

Application by an Injured Person (PDF)

Reporting a slip & fall injury to the City

Reporting a slip and fall to the City must be done within 10-days, or else your claim may be statute barred.  In otherwords, if you fall on City property, you must contact them to advise them of the claim.  It is important to get a reference number for the call, the name of the individual you spoke to and, generally, if it can be done in writtin, this is the best manner in which to notify the City of the fall.

How long does it take to receive a settlement for a slip & fall injury case?

Depending on whether your case is complex and the willingess of the other party to settle, your case can take anywhere from a year to many years longer.  Reporting your injuries to your doctor is important and ongoing.  Slip and fall accident cases usually have procedural steps that must be taken by your experienced personal injury lawyer.  Call us today to discuss your slip and fall accident injury case. 

Should I hire a Lawyer for my slip & fall injury?

It is important to contact an experienced slip and fall Injury Lawyer immediately.  The first step is to seek medical attention and advise your medical practitioner, or hospital, of the injuries.  At Scardicchio Law Office Professional Corporation, we offer contingency fee retainers on most personal injury cases, which means you do not have to pay unless we win, subject to any disbursements that may be applicable.

What is my brain injury case worth?

Contacting the right accident injury lawyers is important because an experienced motor vehicle accident lawyer will be able to get you the compensation that you deserve.  Dealing with your loss of income due to time taken off work and potentially dealing with the stress of any long-term disabilities which may affect you post accident, is difficult enough. It is important that you outline all of your symptoms to your medical physician, such as physical and psychological symptoms that may be affecting you.

Sometimes a critical injury from a motor vehicle accident may not be apparent immediately after the accident, and oftentimes a person will experience injuries such as brain injuries days or weeks following the car accident.  Multiple medical appointments may be necessary in order to outline to your doctor all of your symptoms wholly. Our car accident injury lawyers will help fill out your accident benefit claims, and deal with other factors with the insurance company that come with a car accident injury claim.  We can assist with Medical Rehabilitation Benefits forms; Caregiver Benefits forms; Out-of-pocket expense forms; employer confirmation forms, and catastrophic impairment forms.

Claims Arising from a Motorcycle Accident

There are at least two types of claims that arise in motor vehicle accidents, when you are not at-fault. Initially, the accident benefits claim must be submitted to the insurer as soon as possible given the strict deadlines for making a claim. Some accident benefits included in a claim are medical and rehabilitation benefits, income replacement benefits, attendant care benefits, non-earner benefits, care-giver benefits, home modification benefits, as well as catastrophic benefits and others. If you pay for optional benefits, you may be entitled to further enhanced benefits. In order to ensure you are receiving your maximum entitlement to benefits, you should speak with an experienced personal injury lawyer to discuss your case.

A Tort claim against the driver responsible for the accident is allowed for general damages, special damages, Family Law Act claims and any other loses not compensated for through the accident benefits. There are strict notice periods and legal tests to determine if and when a claim should commence. An experienced personal injury lawyer can assist you in pursuing your claim for damages. Contact our office today and speak to a lawyer who can assess your case. Those individuals who have further insurance coverage through a group benefits plan or other disability insurance, may be entitled to further benefits, such as short-term disability benefits and long-term disability benefits.

Catastrophic injuries, as defined by the Statutory Accident Benefits Schedule, are quite severe and usually require case manager services. These complex claims must be handled by a litigation lawyer who has experience dealing with catastrophic injuries. If you have suffered a catastrophic injury, contact our law firm to discuss your next steps.

If the College of Physicians and Surgeons of Ontario (CPSO) Dismissed your Complaint, you can still Seek Compensation for Your Injuries

A complaint to the College of Physicians and Surgeons of Ontario (CPSO) is different than a civil claim.  The CPSO has the authority to reprimand a physician for their conduct, though they do not have the authority to order compensation be paid to you. Thus, this can only happen if a civil action has been commenced.

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