Medical Malpractice Lawyers
Compensation for his future is our why
Healthcare professionals and hospitals have a duty of care to their patients. When errors and oversights occur, patients may suffer harm or injury, betraying their trust. This type of breach in the standard of care is what motivates most medical malpractice lawsuits. Legate Injury Lawyers understands the complexities of the medical system, the insurance industry, and your legal options. You may be entitled to compensation to help you secure a better future. Focus on your recovery. Let us handle the rest.
We can help protect your future, too.
Contact us today40+ years
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What to Do If You Suspect Medical Malpractice Occurred
If you believe you or someone you love may have experienced medical malpractice, follow these steps for a brighter future.
- Change healthcare professionals or hospitals.
You have the right to a second opinion about your medical diagnosis or treatment. Do not worry about offending the physician by asking for one or by switching hospitals. In serious cases, it may even save your life. - Stay quiet about your suspicions until you have secured a lawyer.
Do not communicate your intent to file a lawsuit with your doctor or the hospital. Even an informal letter can serve as pre-trial notice, triggering the statute of limitations. Do not publicly talk about the suspected medical malpractice, especially on social media or personal blogs. Your posts may be used against you by the defendant. - Collect and preserve evidence.
Write down everything you remember in chronological order. Make note of what happened, who provided care, who was with you, what was said to you, what you noticed being done (or not done), and if any of medical professionals seemed “off” (angry, overworked, uninvolved, complaining, distracted). Compile text messages, emails, photos and videos, social media posts, and receipts to establish a documented timeline. Request records from physicians or the hospital. If you do not have these records, our medical malpractice lawyers can work with you to obtain them. Keep track of all related expenses (hospital parking, health care trips, hotels, meals, equipment purchases, time off work, etc.). - Contact a lawyer as soon as possible.
Medical malpractice cases are complex and nuanced—even more so than other personal injury cases. You need a lawyer who is well versed in this area of the law with trial-tested experience to ensure you file suit correctly. This increases your chances of success in securing compensation. Legate Injury Lawyers has 40 years of focused experience with a passion for resolving medical malpractice lawsuits.
What to Do If You Suspect Medical Malpractice Occurred
If you believe you or someone you love may have experienced medical malpractice, follow these steps for a brighter future.
- Change healthcare professionals or hospitals.
You have the right to a second opinion about your medical diagnosis or treatment. Do not worry about offending the physician by asking for one or by switching hospitals. In serious cases, it may even save your life. - Stay quiet about your suspicions until you have secured a lawyer.
Do not communicate your intent to file a lawsuit with your doctor or the hospital. Even an informal letter can serve as pre-trial notice, triggering the statute of limitations. Do not publicly talk about the suspected medical malpractice, especially on social media or personal blogs. Your posts may be used against you by the defendant. - Collect and preserve evidence.
Write down everything you remember in chronological order. Make note of what happened, who provided care, who was with you, what was said to you, what you noticed being done (or not done), and if any of medical professionals seemed “off” (angry, overworked, uninvolved, complaining, distracted). Compile text messages, emails, photos and videos, social media posts, and receipts to establish a documented timeline. Request records from physicians or the hospital. If you do not have these records, our medical malpractice lawyers can work with you to obtain them. Keep track of all related expenses (hospital parking, health care trips, hotels, meals, equipment purchases, time off work, etc.). - Contact a lawyer as soon as possible.
Medical malpractice cases are complex and nuanced—even more so than other personal injury cases. You need a lawyer who is well versed in this area of the law with trial-tested experience to ensure you file suit correctly. This increases your chances of success in securing compensation. Legate Injury Lawyers has 40 years of focused experience with a passion for resolving medical malpractice lawsuits.
What Can I Expect from a Medical Malpractice Lawyer?
Legate Injury Lawyers has a well-earned reputation that we take seriously: we are thorough, careful, and take all necessary steps to investigate your medical malpractice case before starting a lawsuit. We are kind, compassionate people who genuinely want to help you. Here’s what you can expect when working with us.
Common Places Where Medical Malpractice Occurs
Medical malpractice is a term that covers all healthcare providers—family doctors, nurse practitioners, midwives, specialists, physiotherapists, optometrists, hospital policymakers, supervisors, and more.
Some common places where medical malpractice occurs in Ontario include, but are not limited to:
- Hospital emergency rooms (ERs)
- Intensive care units (ICUs)
- Operating rooms
- Maternity wards
- Neonatal and pediatric units
- Oncology units
- Rehabilitation units
- Walk-in and outpatient clinics
- Imaging facilities
- Laboratories
- Pharmacies
Common Types of Medical Malpractice
Medical malpractice can result from miscommunications, carelessness, inadequate education or experience, and/or ignoring the complaints or concerns of patients or other healthcare professionals. Regrettably, there is a long list of medical malpractice examples, but here are some of the most common:
- Delayed diagnosis or failure to diagnose and treat
- Undiagnosed or delayed diagnosis of heart attack, stroke, cancer, or disease
- Medication errors
- Prescribing the wrong medications or the wrong dosage; not considering adverse medication interactions; wrong method of administration; prescribing medication too late
- Surgical errors
- Undertaking unnecessary surgery; performing surgery beyond the scope of the practitioner; operating on the wrong body part; leaving surgical instruments inside patients; failure to properly prepare for surgery (create a sterile environment)
- Postoperative care
- Subpar patient care after surgery, including medical errors with anesthetics, infection treatment, and blood pressure maintenance
- Infection
- Misdiagnosis or mismanagement of infections (viral or bacterial) can cause sepsis or even death
- Failure to obtain informed consent
- Failing to advise patients of all treatment options, warn them of significant risks, and get their informed consent before proceeding
Medical Malpractice FAQsAll FAQs
Legate Injury Lawyers work on a contingency fee basis. If we don’t succeed, you do not pay. The amount of the contingency fee will be a percentage of the total compensation we recover for you. Please refer to our section on contingency fees for more information.
Each case is different. Sometimes our lawyers purposefully delay settling your case or going to trial until we have a better idea of your prognosis. That way, we have a stronger sense of what financial compensation you may need—not just today, but also in the future. Other times, we try to get the case “set down for trial” to expedite the legal process. So much depends on the unique circumstances of your case. Contact us for a free consultation.
It depends. No lawyer on earth can tell you exactly how much compensation you will receive, especially without reviewing the details of your case. Compensation will depend on the strength of the evidence, liability (whether there was malpractice or negligence), the severity of the injuries, and the impact and longevity of the injuries. A proper legal investigation is needed to know all the facts.
If we agree to proceed beyond an initial investigation in your case, we usually enter into a contingency fee agreement that governs how we are paid. Most individuals cannot afford to pay upfront for a lawsuit. Contingency fee agreements facilitate access to justice by allowing you to compensate us for our time by paying a percentage of the amount you recover at the end of the case. The percentage fee is decided upon based on the risks in your particular case, the amount of resources we will spend to properly prepare your case, and other factors that we will discuss together. The Law Society of Ontario requires firms to publish the maximum contingency fee they charge to ensure the public can make informed decisions. Unless a court orders otherwise, our fee will not be more than 35% of your damages and costs. Your fee may be lower. Fees will always be discussed and agreed upon in advance to ensure there are no surprises.
Our Your Team
Your loved one's health, security and future is our why. Advocating for people who've experienced injuries is a labour of love for Legate Injury Lawyers. We've helped hundreds of families see beyond their current circumstances and secure brighter futures.
