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Medical Malpractice Lawyers
We trust medical practitioners with what is most precious to us: our health, our lives, and the health and lives of our loved ones. When a medical provider breaches the standard of care and causes injury or death due to negligence, that trust is broken.
In this event, if you believe you have been injured by medical malpractice, our team of Gluckstein medical malpractice lawyers can help. Our experienced, knowledgeable, and caring medical litigation lawyers have a solid record of assisting patients injured by medical malpractice as they seek compensation for the losses they have suffered.
We handle cases involving birth trauma, brain injury, spinal cord injury, or any other adverse medical outcome that leads to significant disability and/or financial losses.
With medical malpractice lawyers in Toronto, Ottawa, Niagara, Barrie, Collingwood and Midland, Gluckstein Lawyers are available to help you with your medical malpractice claim.
How can our medical malpractice lawyers help you?
Providing full-circle client care in a difficult time.
After experiencing a life-altering injury from medical malpractice, you or your loved one may be feeling scared, angry, depressed and overwhelmed. As a law firm known for its years of experience and for its full-circle client-centred care, Gluckstein Lawyers can be counted on to treat you and your loved ones with the respect, kindness and empathetic understanding you deserve.
As you begin your journey of healing, trust Gluckstein Lawyers’ team of medical negligence lawyers to join you. We can help you get the compensation and damages you are owed for your pain, suffering and losses. Nothing can ever replace all that a personal medical injury takes from you; but receiving an award for damages can change your life for the better. When we can negotiate a settlement or win a court-ordered award for you, it can help bring closure to one tumultuous chapter of your life and give you what you need to ensure there are brighter times ahead.
Loss caused by a negligent breach of the standard of care.
Doctors, nurses, technicians and other medical providers are professionals who are required to have a certain level of training and skill to perform their duties. They are held to high standards, but not to perfection. Mistakes or adverse events can happen even if reasonable precautions and care are taken.
For a claim to be successful, you must establish both that there was a breach of a standard of care and that the breach caused your damages. It sounds simple, but it is definitely not.
Pursuing your medical malpractice claim.
Medical malpractice claims are often complex and can be challenging to pursue. The people who have made the error are also most often responsible for creating documentation that would help you prove there was an error. For example, if you were under anaesthesia during a surgical procedure, you would not be witness to any surgical errors; you will only become aware that something went wrong later. Piecing together what may have happened can be difficult when the people who made the mistake have an interest in not drawing attention to the matter.
By choosing experienced malpractice litigation lawyers with a proven track record as your advocate, you can have confidence your file will be in skillful hands. As a firm that focuses on these matters, Gluckstein Lawyers has built an extensive network of independent medical experts that can be critical to building a successful case.
In many circumstances, medical malpractice cases need to be started quickly. There is a two-year limitation period for suing a medical practitioner or hospital. That limitation period begins from the date you knew or ought to have known of facts giving rise to a claim. For medical negligence that results in death, the two-year limitation period runs from the date of death. The limitation period may be longer for people under disability and children under 18 years of age.
As soon as you suspect that substandard medical treatment may be the cause of your injury or poor health, you should contact a medical malpractice lawyer near you with experience in medical negligence to begin discussions about how to proceed and if, and when, you should file notice of a claim.
Experienced representation for medical malpractice claims.
Since 1962, our firm has represented thousands of injured people, advocating for their interests, assisting with access to needed therapies, and obtaining the compensation they deserve. Led by a lawyer with more than 30 years of medical malpractice case experience, our medical malpractice team handles claims dealing with:
- Birth trauma (brachial plexus injuries, paralysis, Cerebral Palsy, Erb’s palsy, meconium aspiration syndrome, Horner’s syndrome, hypoxia, seizures, shoulder dystocia, neonatal sepsis, maternal infections).
- Hospital and medical administration errors (unsafe or unclean environments, malfunctioning diagnostic tools, inaccurate record-keeping).
- Surgical errors (surgery on the wrong body part, wrong patient, anaesthesia errors, foreign objects left in patient, nerve damage, perforation or laceration during surgery).
- Nursing errors (medication errors - wrong medication, wrong dose, wrong patient, wrong time to administer, wrong route for medicine; injuries from moving patients too quickly; documentation errors; failure to monitor a patient or respond in a timely manner).
- Chiropractic errors (over aggressive manipulation, disc herniation, spinal cord injuries, nerve damage, paralysis, bone fractures, stroke).
- Misdiagnosis and delayed diagnosis (wrongly diagnosing a condition based on negligence or unreasonably delayed diagnosis that causes harm or leads to a worsening condition).
- Lack of informed consent (failure to properly warn of adverse side effects or of risks involved with treatment).
- Midwife negligence (birth injuries, failure to call for medical assistance during difficult or abnormal births).
The Gluckstein medical malpractice team not only includes lawyers with the right skillset for these challenging cases, but also former medical practitioners and staff who bring an intimate knowledge of the medical system.
Your medical malpractice case is in good hands.
With our extensive trial experience, excellent negotiating skills, and thorough knowledge of the medical practitioner insurance claims process, the Gluckstein medical malpractice team is ready to develop and manage your case every step of the way.
Our goal is to give you confidence and peace of mind as your case moves through the system so that you can focus on what’s important to you: recovery, rehabilitation, and rebuilding your life after a tragic injury.
Gluckstein Lawyers medical malpractice team combines excellence in legal representation and advocacy with the empathy and compassion you deserve during this difficult time in your life. Begin your journey to a more promising future by contacting us today.
Contact us. Your initial consultation is free with no obligation.
But what if you are unsure that your injuries were the result of medical malpractice? When you contact our medical malpractice lawyers for an initial consultation, we will explain your various options.
Your initial consultation with us is free and there is no obligation to continue. If you decide to pursue a claim through our medical malpractice lawyers, we will compile the pertinent details of your case, request the appropriate medical files, and begin a preliminary investigation. If we discover that your claim has merit and are reasonably sure that we can assist you in negotiating a fair settlement or winning a judgment at trial, we will agree to represent you based on a contingency fee agreement.
That means that we don’t get paid unless you get paid by way of a settlement or court award.
Related Expertise.
FAQs.
- What is Hypoxic Ischemic Encephalopathy (HIE)?
- Hypoxic Ischemic Encephalopathy (HIE) is a brain injury caused by oxygen deprivation (hypoxia) and reduced blood flow (ischemia) to the brain, typically occurring around the time of birth. HIE can be caused by factors such as complications during childbirth, umbilical cord issues, placental abruption, maternal infections, fetal distress, or other conditions that restrict oxygen supply to the baby's brain. Get More Information
- What are the long term effects of birth injuries?
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Birth injuries can have lasting effects on a child's health and well-being, leading to various long-term consequences such as:
- Physical Disabilities: Birth injuries like cerebral palsy, Erb's palsy, or brain damage can result in long-term physical disabilities that may affect mobility, coordination, and overall physical function.
- Cognitive Impairments: Some birth injuries can impact cognitive development, leading to learning disabilities, developmental delays, or intellectual impairments that persist into adulthood.
- Emotional and Behavioral Challenges: Children who experience birth injuries may face emotional and behavioral challenges such as anxiety, depression, attention deficit hyperactivity disorder (ADHD), or other mental health conditions.
- Chronic Health Conditions: Certain birth injuries may predispose individuals to chronic health conditions like epilepsy, respiratory problems, vision or hearing impairments, and other ongoing medical issues.
- Social Impact: Birth injuries can influence social interactions and relationships, potentially leading to feelings of isolation, difficulties forming connections, or challenges in social integration.
- Educational Needs: Children with birth injuries may require specialized educational support, individualized learning plans, or assistive technologies to accommodate their unique needs and facilitate academic progress.
- Financial Burden: The long-term effects of birth injuries can impose a significant financial burden on families due to healthcare expenses, therapy costs, assistive devices, and ongoing care requirements.
Understanding the potential long-term effects of birth injuries is essential for parents, caregivers, and healthcare providers to ensure early intervention, appropriate treatment, and necessary support to help children thrive despite the challenges they may face. If you suspect that your child has suffered a birth injury, seeking medical evaluation and legal guidance promptly can help address the long-term implications effectively.
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- Who can be sued for a birth injury caused by medical negligence?
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In cases of birth injury resulting from medical negligence in Ontario, various entities may face legal action, including:
- Healthcare Providers: This category encompasses obstetricians, midwives, nurses, and other healthcare professionals directly engaged in prenatal care, labor, or delivery services.
- Hospitals or Medical Facilities: The institution where the birth injury occurred could be deemed liable, particularly if their policies, practices, or inadequate equipment contributed to the negligent circumstances.
- Medical Staff: Individual healthcare workers whose actions or oversights led to the birth injury can be held accountable.
- Pharmaceutical Companies: If medication or medical devices played a role in the birth injury due to defects or improper use, pharmaceutical companies might be implicated in the legal proceedings.
- Third Parties: External entities such as medical equipment manufacturers, maintenance contractors, or other involved parties in the birthing process that contributed to the negligence leading to the birth injury.
To ascertain responsibility in cases of birth injury caused by medical negligence, a comprehensive investigation, legal acumen, and collaboration with medical experts are essential. If you suspect that your child has suffered a birth injury due to medical negligence, seeking guidance from a specialized birth injury lawyer in Ontario is recommended. They can assess your situation, identify the responsible parties, and assist you in navigating the legal process to pursue rightful compensation
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- Why should I hire an Ontario birth injury lawyer?
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Hiring a birth injury lawyer in Ontario can be crucial for several reasons:
- Legal Expertise: Birth injury cases can be complex, and an experienced lawyer specializing in this area understands the laws and regulations specific to birth injuries.
- Maximizing Compensation: A skilled lawyer can help you seek the maximum compensation you deserve for medical expenses, ongoing care, pain and suffering, and other damages.
- Investigation and Evidence Gathering: A lawyer can conduct a thorough investigation, gather evidence, and consult with medical experts to strengthen your case.
- Navigating the Legal Process: The legal process can be overwhelming, but a lawyer will guide you through each step, ensuring your rights are protected.
- Peace of Mind: By entrusting your case to a knowledgeable lawyer, you can focus on your family while knowing that your legal matters are in capable hands.
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- What is the deadline for filing a birth injury claim?
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In Ontario, there are limitations on how long you have to file a birth injury lawsuit, known as the statute of limitations. It's crucial to consult with a lawyer promptly to understand your legal options and ensure timely action is taken to protect your rights.
For personalized guidance on your specific situation, we recommend reaching out to a reputable birth injury lawyer in Ontario for a consultation.
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- What type of cases do birth injury lawyers take on?
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Birth injury lawyers in Ontario handle a wide range of cases, including but not limited to:
- Cerebral Palsy
- Erb's Palsy
- Brachial Plexus Injuries
- Brain Damage
- Shoulder Dystocia
- Hypoxia
- Bone Fractures
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- What is a birth injury lawyer?
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A birth injury lawyer is a legal professional who specializes in cases where an infant has been injured during the birthing process due to medical negligence or malpractice. These lawyers have a deep understanding of the complex medical and legal issues involved in birth injury cases and work to help families receive compensation for the physical and emotional damages suffered. Birth injury lawyers can assist with cases involving various types of birth injuries.
If you're considering a medical negligence lawsuit following a birth injury, a specialized lawyer in this field can provide meaningful advice and direction after reviewing the medical records and the specifics of the case.
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Case Studies.
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Endean v. St. Joseph's General Hospital, 2019 ONCA 181 (CanLII)
This was a group appeal on the issue of joint and several liability arising from four plaintiff dental malpractice actions. Justice Zarnett, in writing for the Court of Appeal, found that the trial ju...Get More Information -
Rawsthorne v Marotta et al, 2017 ONSC 2182 (CanLII)
The plaintiff was implanted with the medical device in 1992, and subsequently had the device explanted in January 1994. Litigation was commenced against the defendant doctor and hospital in 2001. The ...Get More Information
Team.
Blog & News.
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Experience the Gluckstein Lawyers Difference
At Gluckstein Lawyers, we have proudly served the people of Ontario for over 60 years, dedicating ourselves to providing exceptional legal representation to those who have been seriously injured. Our ...Read Full Story -
Do I Need a Personal Injury Lawyer?
No matter how careful you are, accidents happen. You may be involved in a car accident or slip and fall on a sidewalk or in a store. Other common forms of injuries include those on public transit, in ...Read Full Story -
What Does a Personal Injury Lawyer Do?
If you have suffered harm due to another party's negligence or intentional actions, you should contact a personal injury lawyer. Personal injury law is a branch of civil law that deals with the lega...Read Full Story -
2 Gluckstein Lawyers Nominated in Canadian Lawyer Magazine's Top 25 Most Influential Lawyers in Canada - Vote Today
We are thrilled to share that Richard Halpern and Simona Jellinek are nominees in the Changemakers Category for the Top 25 Most Influential Lawyers!This prestigious nomination cele...Read Full Story -
What Constitutes a Personal Injury
A personal injury is when a person’s body, mind or emotions are damaged due to the negligence or intentional actions of another party. It is not limited to physical injuries but encompasses a wide ran...Read Full Story -
When the Immune System’s First Fight Isn’t Fair: Newborn Infections
“Congratulations! You have a healthy baby!” These are the words expectant parents hope to hear from a medical professional after the birth of their baby. Unfortunately, not all new parents will receiv...Read Full Story
Events.
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Past
Risky Business 2024 - Medical Malpractice: Trailblazing Insights
Gluckstein Lawyers is excited to announce our 6th Annual Risky Business Conference, taking place in-person on Tuesday, October 22, 2024, from 9:00 AM to 4:00 PM. This year's theme, "Medical Malpractic...Continue Reading -
Past
Risky Business 2023 - Starting and Finishing the Case: Common Pitfalls of Medical Malpractice Cases
Overview.Gluckstein Lawyers is excited to welcome you to our fifth annual Risky Business Conference, taking place using a hybrid model, on October 18, 2023, from 9:00 AM to 4:30 PM, with a networking ...Continue Reading
Podcasts & Videos.
Guides & Papers.
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Guide
Post-Settlement Resource Guide
Please fill out the form to the right to download this free guide.Accepting a settlement in a personal injury lawsuit is usually a celebratory moment. Often years in the making, it can provide a sense...Continue Reading
Awards.
Areas We Serve.
Offices
Locations We Serve
Tell us about your accident or injury. We can help.
At Gluckstein Lawyers, the initial meeting is free and without obligation on your part – and we never charge you legal fees until your claim is settled.