5 Reasons to Consult Malpractice Lawyers

  • Posted on: 20 November 2016
  • By: Menage Nettoyage

Most people understand that despite the advances of modern medicine, mistakes will occasionally occur. Often, affected patients don't need to take legal action, especially if the issue is minor. However, some errors are due to human carelessness or neglect, and they may lead to serious problems or even death. You might want to consult malpractice lawyers Toronto for advice if one of the following situations develops.

You are misdiagnosed.

A wrong diagnosis is not uncommon, but most are not serious. For example, a doctor may find that you have a type of breast cancer and correctly diagnosis its stage of development, but she might not initially know the exact type of cancer without further testing. A malpractice lawyer can advise you about legal options if you have experienced some type of loss as a result of the delay in complete diagnosis.

Your treatment isn't working.

Sometimes a medication does not work as expected. This can happen for many reasons, including the patient has another condition that contradicts the treatment or the patient is just not responding as hoped. However, if the doctor negligently prescribed the wrong medicine or the wrong dose, that could become the basis of a legal claim. Consulting a malpractice attorney is the first step to learn more.

You develop complications.

Following treatment or surgery, your symptoms do not improve. In fact, they get worse to the point that you have to miss work and lose income. Ask a medical malpractice attorney about the responsibilities of the treating physician to find out if you are eligible for financial compensation.

You experience loss as a result of treatment.

It is common knowledge that certain forms of chemotherapy can cause a patient's hair to fall out. But other side effects are less common and may be more severe. For example, some medications may cause liver damage, so liver tests should be routinely done to check for problems. If you develop a serious problem while taking medication for a different issue, it is important to find out if the doctor made a mistake or if the error could not have been anticipated.

You are charged for services not received.

Some doctors' offices handle their own billing, while others hire it out to medical billing experts. Either way, if you are charged for services you did not receive, or charged the wrong amount, follow up with the billing person. If you cannot get clear answers, ask a malpractice attorney to advise the next steps.

Medical mistakes can lead to serious consequences for the patient. If you feel your doctor has made a mistake that could have been avoided, contact a medical malpractice lawyer for information and legal guidance.

Assessing Damages in a Personal Injury Case (in Canada)

  • Posted on: 20 October 2016
  • By: Menage Nettoyage

If you have suffered any form of injury as a result of someone else’s negligence in Canada and many other countries globally, you are entitled to personal injury damages. Basically, the damages are meant to cover the losses you incurred because of the injury. By and large, personal injury law is very comprehensive concept about which a plethora of texts have been written. Here is a brief overview of what’s involved in assessing damages in a personal injury case in Canada.

Assessing the damages

The truth is, it’s quite complex to assess damages at the onset of a personal injury case. On the whole, the actual cost of an injury is indefinite until the injured party seeks medical treatment, receive adequate therapy, and have time for his or her body to rehabilitate, and get better—a process that can even take years.

For injury cases like motor vehicle accidents, the party at fault (who’s found to be responsible for the accident) is required to pay monetary damages to the injured victim. In Canada, the at-fault party’s insurance company is responsible for settling the damages. The amount of damages to be paid to the plaintiff can often be agreed upon before trial—at a settlement. In fact, in Ontario, over 90% of injury cases are settled prior to trail—which is a great thing for the personal injury victims.

There are several factors to consider when assessing the value of an injury claim. These include the cause of the injury, the nature of the injury, and the impact of the injury on the victim’s ability to work or accomplish his day-to-day activities such as work, business, household chores and even recreational activities.

Once your attorney has received adequate medical information from your doctor or medical specialist, he or she will be better placed to provide more precise assessment of the claim

Compensatory damages

In Canada, most injury damages are categorized as compensatory—which simply implies that they are meant to compensate the plaintiff for the losses incurred due to injury. The goal of compensatory damages is to make the plaintiff “whole again” or bring him or her back to his or her previous state of health before the injury incidence. While some compensatory damages are quite easy to quantify (for instance, reimbursement of medical bills or property damage), others are considerably complex (for example, putting a dollar figure on pain or suffering).

Conclusion

In Canada and many other countries globally, personal injury law is always a nuanced arena that require cosmic knowledge of tort and insurance laws. That’s why it’s critical to seek legal representation to take you through the process successfully. For more resources, the Bogoroch & Associates LLP website may provide you with additional information.

The Evolution of Emotional Distress Claims in Personal Injury Lawsuits

  • Posted on: 22 September 2016
  • By: Menage Nettoyage

Laws in Canada are subject to change and evolution. This includes laws associated with personal injury lawsuits in the country. A personal injury lawyer consistently finds his or her self faced with the evolution of laws involving accidents that give rise to injuries and damages.

One aspect of personal injury law that has been evolving in recent years is that associated with emotional distress claims. This has resulted in more emotional distress claims being pursued by a personal injury lawyer Toronto.

Overview of an Emotional Distress Claim

At the heart of an emotional distress claim is that the action or inaction of a third party resulted in an individual suffering some type of recognizable emotional or mental health disorder. Depression, generalized anxiety disorder, or PTSD represent three of the most common types of mental health problems lying at the heart of emotional distress claims in Canada.

Physical Harm and Emotional Distress

Historically, in Canada and other Commonwealth nations, a claim for emotional distress needed to be coupled with one for physical injury. In other words, in order to bring a claim for emotional distress in the first place, a person needed to have suffered a physical injury as well. The physical injury and emotional or mental health issue were intertwined as a matter of law,

Ultimately, in court decisions, the mandatory requirement that a physical injury exist to support a claim for emotional distress began to be reconsidered. At this juncture in time, in some instances, a person is now able to pursue a claim for emotional distress of mental anguish without any associated physical injury.

Expert Testimony

Because of the uncoupling of physical injury and mental or emotional distress, the need for expert testimony is even more important. In order to prevail in a case involving mental anguish, a personal injury lawyer arranges for a respected expert to testify about a client's mental health or emotional state and status. The expert must be able to provide compelling testimony about the nature of an emotional or mental health condition that arose from an accident or some other type of incident caused by a third party.

There is even a cadre of personal injury attorneys who focus their practices more specifically on assisting clients that have developed some sort of mental health or emotional problem as the result of the negligent conduct of a third party. These lawyers tend to be more closely connected to the experts necessary to provide testimony and other evidence in support of this type of claim.