It’s not something we want to think about when we go to the hospital or seek medical attention, but medical malpractice incidents do happen. “To err is human” as the saying goes, and sometimes, mistakes occur at the hands of people in the medical profession who we respect and trust. Medical negligence can occur when a practitioner or health care worker makes a mistake or fails to meet the standard of care required and this breach results in injury or the death of a patient. Mix-ups in medications, improper dosage of medication appropriate to the patient, surgical errors and a misdiagnosis resulting in pain and suffering, do happen.
To be considered malpractice, a physician or health care worker must have failed to meet the reasonable standard of care of a similar physician or health care worker in the circumstances and that breach must be the legal cause of the harm suffered. It must be proven that if it were not for the negligent act or omission of the physician, the patient would not have suffered the illness or harm. Witnesses and medical opinions may be difficult to obtain in such cases, depending on the circumstances of the incident. Careful analysis of the standard of care must be undertaken in such complex cases. Needless to say, legal teams on both sides of medical malpractice suits will advance their case vigorously, as so much is at stake, both for the physician or health professional as well as for the victim. Depending on the facts of the case and the extent of the injury or harm, a physician may face reprimand in a separate forum, while the victim may face a lifetime of costly medical and rehabilitation expenses on the road to recovery.
Physicians, nurses, health care or medical practitioners are widely respected and revered. As children, we learn to look up to doctors and listen to their advice. That is why in some cases people are reluctant to pursue a suit against someone they look up to. However, if that person has caused harm as a result of negligence resulting in costly medical treatment or even death, the injured party or their family may have a right to seek compensation under the law.
In a precedent-setting case, lawyer Brian Horowitz was lead counsel in Ahmed vs. Stefaniu, the first and only case in Canada where a psychiatrist was held liable for a murder committed by a patient who was released from a psychiatric unit. Brian represented the Ahmed family at all levels in this case. The jury verdict was upheld by the Court of Appeal for Ontario and an appeal to the Supreme Court of Canada was denied.
At Horowitz Injury Law, we have a proven track record of resolving the claims of victims of medical malpractice. Each potential medical malpractice case is reviewed by a team of leading experts relevant to the case to obtain medical opinions on the issues of standard care and causation. If the case has merit for a medical malpractice suit, we will advance your claim to seek compensation for damages suffered by the victim and their family. And while we make every effort to settle each claim, we have the expertise to take your case to trial if necessary.
If you or someone you know has been involved in a case involving medical malpractice, please call us today for a free consultation to determine if your case has merit. No upfront fees are required. Call us today at 416-925-4100.
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