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Medical Malpractice
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, the team at 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 Personal Injury 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 Personal Injury 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 Personal Injury 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 Personal Injury 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.
Moreover, some members of our team have had their own personal experience with medical malpractice and have a special understanding of what you and your loved ones are going through. For example, Brenda Agnew is a former Gluckstein client who now works as one of our client liaisons.
Brenda’s son Maclain developed severe Cerebral Palsy and hearing loss as a result of a birth injury. In her Brenda’s Corner blog, Brenda writes about her family’s own experience making a medical malpractice claim and how they have fostered connections within the disabled community to advocate for positive change. Our diversity is our strength as we have your case covered from many different angles.
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 Personal Injury 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.
Testimonials.
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Annie Liu
"We are so very lucky to have met this team! We sincerely recommend Jane Lou and Gluckstein Lawyers!"
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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11 Gluckstein Lawyers Shine in The 2024 Editions of The Best Lawyers in Canada™ and The Best Lawyers: Ones To Watch in Canada™.
Gluckstein Lawyers is thrilled to announce that 11 of our esteemed lawyers have been recognized in the prestigious 2024 Editions of The Best Lawyers in Canada™ and The Best Lawyers: Ones To Watch in C...Read Full Story -
Embryos, Eggs & Errors: Examining Fertility Clinic Negligence, Part 2
This is the second of two parts dealing with fertility clinic negligence. If you haven’t had a chance, go back and read Part 1 where I discuss what is assisted human reproduction (“AHR”), a brief hist...Read Full Story -
Richard Halpern of Gluckstein Lawyers discusses the proper use of the counterfactual question
This article was produced in partnership with Gluckstein LawyersJulius Melnitzer of Canadian Business sat down with Richard Halpern, senior counsel at Gluckstein Lawyers to discuss causation in tortA ...Read Full Story -
Embryos, Eggs & Errors: Examining Fertility Clinic Negligence, Part 1
Starting a family is taken for granted by so many, but is not always simple or straightforward as planned. One in six Canadians struggle with infertility. For those that require help, fertility clinic...Read Full Story -
Filing a Wrongful Death Lawsuit for Medical Malpractice
There is never a good time to say your final goodbyes to a loved one, but somehow the tragedy worsens when an untimely death is caused by the negligence of a trained healthcare professional. Having to...Read Full Story -
15 Gluckstein Lawyers Nominated for 2024 Best Lawyers® List
We are thrilled to announce that Gluckstein Personal Injury Lawyers has thirteen of our lawyers nominated in The Best Lawyers in Canada™ 2024 edition and two in The Best Lawyers in Canada: Ones to Wat...Read Full Story
Events.
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Upcoming
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 -
Past
Risky Business - 2022
Risky Business is a CPD-accredited Medical Malpractice Conference designed to educate those who may wish to learn about the complex nature of medical negligence lawsuits.Continue Reading -
Past
Personal Injury CPD Legal Webinar Series
The legal world is changing, and personal injury law has never been more complicated. The team at Nicholson Gluckstein Lawyers is excited to offer our CPD personal injury legal webinar series and how...Continue Reading
Podcasts & Videos.
Guides & Papers.
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Paper
Causation on trial - a call for change in how we think about causation in tort
To say that an event is the cause of an effect sounds simple enough. It can be simple, but often it is not. An event, on its own, may not be enough to bring about an effect, and may need to follow or ...Continue Reading
Awards.
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Best Lawyers The Best Lawyers in Canada™ 2024 Since it was published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. It’s an honour to have eleven lawyers recognized... 2023
Tell us about your accident or injury. We can help.
At Gluckstein Personal Injury Lawyers, the initial meeting is free and without obligation on your part – and we never charge you legal fees until your claim is settled.