Medical Malpractice Lawyers

FAQs.

What is Surveillance in Long-Term Disability Insurance?

Surveillance in the context of Long-Term Disability (LTD) insurance refers to the practice where insurance companies may conduct covert monitoring and observation of claimants to investigate the validity of their disability claims. This surveillance is typically carried out by professional investigators who gather visual evidence, such as photographs or videos, to assess the claimant's activities and functional limitations. Here are key points to understand about surveillance in LTD insurance:

• Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
  
• Activities Monitored: Surveillance may involve monitoring various aspects of a claimant's daily life, including physical movements, interactions with others, engagement in recreational activities, and participation in events that could indicate the level of disability.
  
• Covert Nature: Surveillance is typically conducted covertly, meaning that the claimant is not aware that they are being monitored. This approach aims to capture the claimant's behavior and activities in their natural state without influencing their actions.
  
• Legal Compliance: Surveillance activities must comply with legal regulations and privacy laws to ensure that the rights of the claimant are respected. Investigators must adhere to ethical standards and obtain evidence lawfully.
  
• Impact on Claims: The results of surveillance can influence the outcome of an LTD claim. If the surveillance footage contradicts the claimant's reported limitations or suggests misrepresentation of disability, the insurance company may use this information to deny or terminate benefits.
  
• Frequency: Surveillance is not conducted continuously for all claimants but is often employed selectively based on specific factors, red flags, or suspicions raised during the claims process.
  
• Balancing Privacy and Investigation: While surveillance is a legitimate tool for insurance companies to verify claims, it raises concerns about privacy invasion and the potential misinterpretation of normal activities as evidence of fraud. Claimants have the right to challenge surveillance findings if they believe their disability status has been misrepresented.

Understanding the role of surveillance in LTD insurance can help claimants navigate the claims process effectively, ensure transparency in their interactions with the insurance company, and seek legal advice if they have concerns about the handling of surveillance activities in relation to their disability claim.

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How Much Money Can I Get From My Long-Term Disability Benefits?

The amount of money you can receive from Long-Term Disability (LTD) benefits in Ontario is influenced by various factors, including the terms of your specific LTD policy, your pre-disability earnings, and the duration of your disability. Here are key points to consider regarding LTD benefits in Ontario:

• Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
  
• Maximum Benefit Amount: Most LTD policies have a maximum monthly benefit amount, which caps the total benefits you can receive each month. This maximum amount is determined by the terms of your policy.
  
• Duration of Benefits: The duration for which you can receive LTD benefits varies and is specified in your policy. Some policies provide benefits until retirement age, while others have a limited benefit period (e.g., two years, five years).
  
  
• Integration with Other Benefits: LTD benefits may be integrated with other disability benefits you receive, such as Canada Pension Plan Disability (CPP-D) benefits or workplace pensions. The total amount you receive from all sources may be subject to offsets or reductions.
  
  
• Tax Considerations: LTD benefits in Ontario are generally considered taxable income. However, if you paid the premiums for the LTD policy with after-tax dollars, a portion of the benefits may be tax-free.
  
  
• Cost-of-Living Adjustments: Some LTD policies include cost-of-living adjustments to account for inflation, ensuring that the purchasing power of your benefits is maintained over time.
  
• Return-to-Work Provisions: Many LTD policies include provisions for partial disability benefits if you can return to work on a part-time basis or in a reduced capacity. These provisions may affect the amount of benefits you receive.

To determine the specific amount of money you can receive from LTD benefits in Ontario, it is essential to review your LTD policy documents, understand the terms and conditions of the policy, and consult with the insurance provider or a legal expert specializing in disability insurance claims. They can provide detailed information on benefit calculations, limitations, and any additional factors affecting the amount of LTD benefits you are eligible to receive.

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Why Do Insurance Companies Deny LTD Claims?

Insurance companies may deny Long-Term Disability (LTD) claims for various reasons, some of which are legitimate while others may involve errors, misinterpretations, or disputes. Here are common reasons why insurance companies deny LTD claims:

1. Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
   
2. Pre-Existing Conditions: Some policies exclude coverage for pre-existing conditions or conditions that existed before the policy came into effect. If the disability is deemed to be related to a pre-existing condition, the claim may be denied.
   
3. Policy Exclusions: Certain policies have specific exclusions for certain types of disabilities, treatments, or conditions. If the disability falls under an exclusion listed in the policy, the claim may be denied.
   
   
4. Failure to Meet Criteria: Insurance policies often have specific criteria that must be met to qualify for LTD benefits. If the claimant does not meet these criteria, such as the definition of disability or waiting period requirements, the claim may be denied.
   
   
5. Incomplete Documentation: If the required documentation, forms, or information are incomplete, missing, or not submitted within the specified timeframe, the insurance company may deny the claim due to insufficient information.
   
   
6. Discrepancies in Information: Inconsistencies between the claimant's statements, medical records, and other documentation can raise red flags and lead to the denial of the claim.
   
   
7. Failure to Follow Treatment Plans: If the claimant does not follow prescribed treatment plans, attend medical appointments, or comply with rehabilitation efforts, the insurance company may deny the claim on the basis of non-compliance.
   
   
8. Occupational Duties: If the disability does not prevent the claimant from performing the essential duties of their occupation as defined in the policy, the claim may be denied.
   
   
9. Surveillance Results: Insurance companies may conduct surveillance to investigate the validity of a claim. If the surveillance results suggest that the claimant's reported limitations are inconsistent with their activities, the claim may be denied.
   
   
10. Fraud or Misrepresentation: If the insurance company suspects fraud, misrepresentation of facts, or intentional withholding of information by the claimant, the claim may be denied.

Understanding these reasons for denial can help claimants navigate the LTD claims process more effectively, address any issues proactively, and seek recourse if they believe the denial is unjustified. It's advisable to consult with legal counsel specializing in disability insurance claims to explore options for disputing a denied LTD claim.

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What Medical Conditions Qualify for Long-Term Disability?

Long-Term Disability (LTD) insurance typically covers a wide range of medical conditions that significantly impact an individual's ability to work and perform daily activities. While the specific criteria for qualifying for LTD benefits may vary depending on the policy and insurance provider, here are common medical conditions that often qualify for Long-Term Disability coverage:

1. Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
   
   
2. Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.
   
   
3. Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.
   
   
4. Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
   
5. Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
   
6. Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
   
7. Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
   
8. Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
   
9. Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
   
10. Degenerative Diseases: Conditions like osteoarthritis, degenerative disc disease, muscular dystrophy, and other progressive diseases that result in physical decline over time.

It's important to note that each LTD policy may have specific definitions, limitations, and exclusions regarding covered medical conditions. To determine if your medical condition qualifies for Long-Term Disability benefits, consult your policy documents, speak with your insurance provider, and consider seeking guidance from a healthcare provider or legal expert specializing in disability insurance claims.

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Can You Dispute Your Denied Disability Claim?

Yes, you can dispute a denied Long-Term Disability (LTD) claim if you believe that the denial is unjustified or incorrect. Disputing a denied LTD claim involves challenging the decision made by the insurance company and presenting additional evidence or arguments to support your claim for disability benefits. Here are steps to effectively dispute a denied LTD disability claim:

1. Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
   
2. Gather Additional Evidence: Collect any new medical records, test results, physician statements, or other relevant documentation that strengthen your case for disability benefits. Ensure that this evidence directly addresses the reasons cited for the denial.
   
3. Consult with Legal Counsel: Consider seeking advice from a lawyer specializing in disability insurance law. A legal expert can assess your case, provide guidance on disputing the denial, and represent you in negotiations with the insurance company if needed.
   
4. Prepare a Detailed Dispute Letter: Craft a comprehensive dispute letter outlining the reasons why you believe the denial is incorrect. Clearly present the additional evidence, explanations, and arguments supporting your claim for disability benefits.
   
5. Submit the Dispute: Send your dispute letter and supporting documentation to the insurance company within the specified timeframe outlined in your policy. Use a method that provides proof of delivery to ensure your dispute is received.
   
6. Engage in Dialogue: Stay in communication with the insurance company throughout the dispute process. Be prepared to provide further clarification, answer questions, or provide additional information as requested.
   
7. Consider Alternative Resolution: If direct negotiation with the insurance company does not lead to a resolution, explore alternative dispute resolution methods, such as mediation, to seek a mutually acceptable outcome.
   
8. Legal Action: If all attempts to dispute the denial prove unsuccessful, you may consider taking legal action against the insurance company by filing a lawsuit. Your legal counsel can guide you through the litigation process and represent your interests in court.

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How Do I Appeal Long-Term Disability Denial?

When faced with a denial of your Long-Term Disability (LTD) claim, appealing the decision is a crucial step to seek reconsideration and potentially secure the benefits you are entitled to. Here are the steps to effectively appeal a Long-Term Disability denial:

1. Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
   
2. Gather Supporting Documentation: Collect all relevant medical records, test results, physician reports, and any other evidence supporting your disability claim. Ensure that this documentation addresses the reasons for denial outlined in the letter.
   
3. Understand the Appeals Process: Familiarize yourself with the specific appeals process outlined in your LTD policy. Note any deadlines for submitting an appeal and follow the prescribed procedures to ensure your appeal is considered.
   
4. Draft a Comprehensive Appeal Letter: Prepare a detailed appeal letter addressing each reason for denial, providing additional evidence, explanations, and arguments supporting your claim for disability benefits. Be clear, concise, and organized in presenting your case.
   
5. Seek Legal Advice: Consider consulting with a lawyer experienced in disability insurance law to guide you through the appeals process, review your appeal letter, and provide legal representation if needed.
   
6. Submit the Appeal: Send your appeal letter and supporting documentation to the insurance company within the specified timeframe. Use certified mail or another method that provides proof of delivery to ensure your appeal is received.
   
7. Follow Up and Maintain Communication: Keep track of your appeal timeline, follow up with the insurance company to confirm receipt of your appeal, and maintain open communication throughout the appeals process.
   
8. Consider Alternative Dispute Resolution: If the appeal is unsuccessful, explore alternative dispute resolution options, such as mediation or arbitration, to resolve the dispute outside of litigation.
   
9. Legal Action: If all appeals are exhausted and your claim remains denied, you may consider pursuing legal action against the insurance company through a lawsuit with the assistance of legal counsel.

By following these steps and seeking professional advice where necessary, you can navigate the appeal process effectively and increase your chances of overturning a Long-Term Disability denial.

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What Types of LTD Claims Can I Sue For?

In Ontario, individuals with Long-Term Disability (LTD) claims may have legal options to pursue lawsuits in various situations. Some potential types of LTD claims that individuals in Ontario can sue for include:

Wrongful Denial of Benefits: If your LTD claim is wrongfully denied by the insurance company, you may have grounds to sue for a breach of contract or bad faith denial. This can involve challenging the denial based on policy provisions, medical evidence, or procedural errors in the claims process.

Termination of Benefits: If your LTD benefits are terminated unfairly or prematurely, you may have a basis to sue for wrongful termination. This could include situations where benefits are cut off without proper justification or where the insurance company fails to provide adequate reasons for ending payments.

Breach of Fiduciary Duty: In cases where the insurance provider fails to fulfill its fiduciary duty to act in the best interests of the insured individual, leading to harm or financial loss, a lawsuit for breach of fiduciary duty may be pursued.

Disability Discrimination: If you believe you have been discriminated against based on your disability status in the context of your LTD claim, you may have legal grounds to sue for disability discrimination. This can include situations where you are treated unfairly, denied benefits, or subjected to adverse actions due to your disability.

Violation of Human Rights: If your rights under human rights legislation in Ontario, such as the Ontario Human Rights Code, are violated in relation to your LTD claim, you may have the option to bring a lawsuit for human rights violations.

Bad Faith Insurance Practices: In cases where the insurance company engages in bad faith practices, such as unreasonably delaying or denying valid claims, acting in a discriminatory manner, or failing to adhere to legal obligations, a lawsuit for bad faith insurance practices may be pursued.

When considering legal action related to LTD claims in Ontario, it is advisable to seek guidance from a lawyer specializing in disability law to assess the specifics of your case, understand your rights under Ontario laws, and determine the appropriate course of action to seek redress for any injustices related to your LTD claim.

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What is Disability?

Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.

Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.

In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.

Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.

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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.

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What are the long term effects of birth injuries?

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?

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?

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?

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?

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?

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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What should you do if you suspect you have been injured or harmed due to a nursing error?

As soon as you realize that you or a loved one may have suffered serious harm as a result of a nursing error, you should contact an experienced personal injury lawyer to learn about your rights, options, and how to proceed with a claim for compensation if your case is actionable.

As members of one of the country's top ranked personal injury firms, Gluckstein's nursing errors medical malpractice team have the skill needed to manage even the most challenging cases. After launching a preliminary investigation, if we determine we can help you successfully access compensation and damages for the harm done to you, we will offer to be your legal representative and advocate. As we advance your case through proceedings, our team will keep you informed every step of the way and be ready to offer support in any way we can.

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What are common examples of nursing errors?

Common nursing errors include medication errors, errors with documentation, failure to properly monitor patient, obstetrical monitoring errors and failing to advise other members of the team when necessary.

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What is a nursing error?

If a nurse breaches standard practices of care due to negligence and a patient suffers an injury or other harm as a result, it is called nursing error medical malpractice.

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How can Gluckstein Personal Injury Lawyers' medical malpractice team help if you suspect you have been injured or harmed due to a medication error?

As knowledgeable, experienced, and skilled personal injury lawyers, the Gluckstein medication errors team can investigate the circumstance behind your injury and determine if you have an actionable claim for compensation and damages from a medical practitioner or provider.

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Are certain people at higher risk of medication errors?

The groups at greatest risk of harm related to medication safety incidents include children and youth, older or elderly people, people taking multiple medications, people with cognitive impairment, people with mental health conditions, and people with disabilities, among others.

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What are common examples of medication errors?

The vast majority of medication errors occur as they are administered. These mistakes could include a wrong dose, wrong medication, wrong patient, wrong route of delivery, wrong time of delivery or improper directions or instructions for taking the medication.

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What is a medication error?

A medication error is a mistake with medication. These errors can be related to a medication product itself, or the practice and procedure of prescribing, transcribing, ordering, compounding, dispensing, distributing, administering and/or monitoring medications.

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How can Gluckstein Personal Injury Lawyers' medical malpractice team help if you were injured or harmed due to lack of informed consent?

A knowledgeable and skilled personal injury lawyer with experience in lack of informed consent cases can help determine if your case is actionable. If there are grounds for a claim, our team will draw on our extensive network of medical experts to help build a strong case for compensation and damages.

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What should you do if you suspect you have been injured or harmed due to lack of informed consent?

Contact an experienced personal injury lawyer as soon as possible after you realize you may have suffered bodily harm due to lack of informed consent. An investigation should begin quickly to preserve memory and to collect medical documents for a preliminary investigation.

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Why are lack of informed consent cases sometimes challenging to pursue?

Informed consent cases require two elements 1) that the patient was not fully informed and 2) that had they been fully informed they would not have accepted the treatment. This is a difficult test to pass as most patients do accept the recommendations of their doctors.

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What are some situations where informed consent is not necessary?

In most emergency situations, a health practitioner may provide treatment without consent. A substitute decision-maker may be required to provide consent if a patient does not have the capacity to provide it. Once informed consent is obtained, a health practitioner is entitled to presume that consent to treatment includes consent to reasonable variations or changes in the treatment provided.

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What is informed consent?

When a patient is given sufficient information about a medical treatment plan to understand and accept the risks and consequences of course of action, they can give informed consent to proceed with such actions.

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How can Gluckstein Personal Injury Lawyers' medical malpractice team help if you suspect you have been injured due to a chiropractic error?

If you believe you or a loved one was injured due to a chiropractic error, Gluckstein Personal Injury Lawyers' extensive network of medical experts can be called on to review your medical records and help determine if your chiropractor was negligent when providing patient care. If you have an actionable claim, our team can help build a case to persuade the defendant to settle fairly or pursue the matter at trial if necessary.

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What are other forms of chiropractic medical malpractice?

In addition to causing injury through improper physical manipulation, a chiropractor may cause harm to a patient by failing to diagnose a serious condition and refer the patient to a doctor, failing to prepare for chiropractic treatment by properly recording and evaluating a patient's medical history, and failing to provide the information necessary for a patient to provide informed consent to treatment.

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What are some examples of injuries caused by chiropractic errors?

When a chiropractor moves the joints beyond their normal range of motion, serious injury can occur. Strokes caused by cervical (carotid or vertebral) arterial dissection are the most common, and most serious form of injury from chiropractic errors. Other injuries include: nerve damage (numbness or tingling sensations), vertigo, spinal stenosis, herniated discs, pinched arteries, muscle weakness, facial paralysis, incontinence from bladder and bowel paralysis, and aggravating bone diseases.

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What is chiropractic care?

Chiropractic care is used to treat certain neuromusculoskeletal conditions. Chiropractors frequently use physical manipulations on the spine and other joints to provide care for these conditions as opposed to using medicine or invasive surgical treatments. Chiropractors may also provide soft tissue therapy, cold laser therapy, ultrasound therapy, and advice and education on coping strategies for pain.

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Why is it important to receive a catastrophic designation?

Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.

A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.

Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.

Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.

Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.

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What is considered to be a catastrophic injury?

A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.

Some examples of catastrophic injuries according to SABS criteria include:

• A severe brain injury;
• Loss of a limb;
• Extreme loss of vision; and
• Paralysis, among other injuries.

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What happens if a doctor makes the wrong diagnosis?

Doctors are not held to a standard of perfection. If, based on proper standards of care, they reasonably come to a wrong diagnosis it is not considered medical malpractice. If a doctor breached the standards of care due to negligence and they wrongly diagnosis a patient and cause harm to that patient, they may be found to committed medical malpractice.

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Which type of problems occur when a diagnosis wrong or delayed?

Some medical conditions can be fully treated and cured. In other cases, symptoms of an underlying problem can be treated to improve a patient's prognosis, outcome, or quality of life. When a patient is misdiagnosed and treated for a condition they do not have or a diagnosis is missed, they lose valuable time to treat their illness and they may suffer needlessly.

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What’s the difference between a misdiagnosis and missed diagnosis?

When a doctor incorrectly diagnosed a patient with a medical condition, it is called a misdiagnosis. If the doctor does not recognize how a patient's symptoms would indicate a medical condition in a timely manner, it is called delayed diagnosis. Both misdiagnosis and missed diagnosis can be medical malpractice depending on the patient's unique circumstances.

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What are the five most common types of medical malpractice?

Medical malpractice cases usually deal with:

1. Misdiagnosis;
2. Surgical errors;
3. Failure to treat a condition properly;
4. Birth injuries; and
5. Prescription medication errors.

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What are the time limits on filing a catastrophic injury claim?

In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.

In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.

If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.

For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.

While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.

In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.

Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.

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What benefits can I access if my injury is deemed catastrophic?

If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.

Here are some of the benefits you may be able to access:

• Enhanced Medical Benefits.
• Income Replacement.
• Attendant Care Services.
• Housekeeping and Home Maintenance Benefits.
• Rehabilitation Services.
• Transportation Expenses.
• Case Management Services.
• Home Modifications.
• Future Care Costs.
• Legal and Advocacy Support.

By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.

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What are some accidents that commonly lead to unexpected deaths?

Some common accidents that lead to unexpected deaths are:

• Car accidents;
  
• Motorcycle collisions;
  
• Truck crashes;
  
• Unsafe work environments;
  
• Medical malpractice;
  
• Bicycle crashes;
  
• Defective product injuries.

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How long should I expect my medical malpractice case to take to resolve?

The particular circumstances behind the medical malpractice injury will often determine how long a case will take. When liability is clear and the extent of the injuries is well known and unlikely to change, sometimes settlements are reached prior to launching a claim. In many cases, however, it can take about five years to reach a settlement and an average of seven years for a court decision. Some decisions also go on to appeal. While this time frame may be disappointing, it often takes time to adequately determine the extent of injuries and build a strong case that encourages a settlement you deserve or favourable court judgment.

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Why choose a medical malpractice lawyer from Gluckstein Personal Injury Lawyers?

Our medical malpractice team has a nation-wide reputation for excellence and is frequently consulted to act in cases across Ontario and Canada. Our team includes lawyers with over three decades of experience, who are recognized as leaders in this field by their peers.

Our group has investigated and handled thousands of medical malpractice cases involving surgical error, misdiagnosis, medication errors, delayed treatment, and improper treatment. We handle every kind of medical malpractice claim that might arise from substandard medical care. In particular, we pride ourselves on our extensive experience in cases involving injury to children occurring at or around the time of birth (i.e., birth trauma cases).

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How do the medical malpractice lawyers at Gluckstein Personal Injury Law help establish negligence in a medical malpractice case?

Doctors must adhere to a medically accepted standard of care that is reasonably expected of all healthcare professionals. This prevents legal claims in cases where a physician acted reasonably to diagnose or treat an illness or injury to the best of their ability.

To prevail in a medical negligence claim, an injured or sick patient must prove that their physician’s or surgeon’s failure to meet the standard of care directly caused their medical injuries. An experienced medical malpractice lawyer at Gluckstein Lawyers can review a claim for medical malpractice with the assistance of medical experts and gather evidence of instances of actionable negligence.

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How do I know if I have a medical malpractice case with merit?

The first thing every client needs to know is whether there is merit to their case. Not all adverse medical outcomes are due to medical error or negligence. Our team of lawyers carefully and painstakingly evaluates every medical malpractice case we take on through a detailed review of the issues and records. A consultation with some of the most qualified medical experts in both Canada and the United States often follows based on what is discovered.

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What is a limitation period? How will it affect my medical malpractice action?

Generally you have two years from the date you knew or 'ought to have known' that you were injured by medical malpractice. In some cases it's very clear when an injury occurred. In other cases you may only learn about the extent of your injury or what caused it months or even years after the negligent action or inaction that caused you harm. After any poor medical outcome, it is worth contacting a medical malpractice lawyer to understand your rights and whether you should ask for a second opinion.

For children who are injured, the two year limitation period only begins after they turn 18 unless a parent or guardian signs an “Affidavit of Litigation Guardian”. The limitation does not apply to a person without the capacity to make a claim, unless they have a litigation guardian.

Finally, with the exception of minors or people without the capacity to make a claim, 15 years after the date of the medical error or act of omission no claim can be filed, even if you only became aware of the medical medical after that period.

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What is medical malpractice law?

Medical malpractice law is the area of law dealing with the negligent professional conduct of health care providers including doctors, nurses, hospitals, dentists, etc. If you, or someone you know, was injured or killed as a result of medical treatment, you may have a claim for medical malpractice.

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