Medical Malpractice

To be successful in a medical negligence lawsuit, you must prove two things:
  • That the health care practitioner(s) and or health care facility staff fell below the standard of care reasonably expected in your situation; and
  • The failure of the practitioner to meet that standard of care was the cause of your injury and damages.

To find the answers to the questions above, your complete hospital records and all related clinical notes and records must be obtained. Once collected, a qualified expert must be hired to review the documentation and to provide an expert opinion.

The evidence that is required to prove a medical case in Court is often difficult to secure (it is hard to find good doctors who are prepared to comment critically on the care given by other doctors) and even when such evidence is obtained, the opinions of our experts are almost always disputed by doctors retained by the insurers for the hospitals and doctors we might sue on your behalf.

There are important deadlines for starting malpractice lawsuits, known as limitation periods.

If you are suing a health care practitioner (doctor, nurse, registered health care practitioner, etc.) or healthcare institution (hospital, medical clinic, etc.), your lawsuit must generally commence within three years of the date when you knew or ought to have known of the facts giving rise to malpractice.

In cases involving children (18 years of age or younger) or in cases involving victims without the mental capacity to make legal decisions, the limitation period may be extended.

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