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In today’s world of modern medicine, undergoing a medical procedure doesn’t seem too out of the ordinary. It could be something as simple as having your wisdom teeth removed, or correcting your vision with laser technology. Some invasive medical procedures, like colonoscopies for example, are strongly recommended for men and women of a certain age. Ultimately, for many of us, medical procedures have become a normal part of our lives.

But what happens when a normal medical procedure goes wrong? Whether it’s a simple procedure or something more complex, there’s always a looming risk of complication, injury and even death. When you or a loved one undergoes a medical procedure, you are trusting your health, wellbeing and ultimately your life in the hands of another person. Whether it’s a doctor, dentist, nurse or any other health care professional, it’s important to fully understand the risks associated with each medical procedure you have performed.

Of course, medical complications can come with any procedure. If you believe that you’ve been injured due to the negligence of your health care professional, you may be able to file a medical malpractice claim.

What is Medical Malpractice?

Medical malpractice occurs when the care or treatment provided by a health care provider falls below the standard of practice in the medical community. A medical malpractice often causes injury or death to the patient.

Examples of Medical Malpractice

While there are many examples of medical malpractice, some forms include:

  • Anaesthesiology Errors – When an anaesthesiologist administers the wrong amount of anaesthetic to a patient or fails to properly monitor a patient’s vital signs during a surgical procedure.
  • Misdiagnosis – When a health care professional fails to make a proper diagnosis and the lack of proper diagnosis or treatment leads to a patient’s injury or death.
  • Delayed Diagnosis – When a health care professional fails to order timely diagnostic testing and the delay results in a patient’s injury or death.
  • Childbirth Injuries – When a doctor fails to perform a proper procedure during labour and delivery and it results in serious injury to the mother or baby.
  • Medication Errors – When a health care professional prescribes the wrong medication, inappropriately mixes medications or the wrong dosage of medication, and it results in serious injury or death.

Making a Claim

It may be difficult and intimidating to question a health care professional when you feel as though something has gone wrong, especially because the medical system is a very complex area to understand and navigate. However, physicians have a common law and fiduciary duty to disclose to the patient any harm that may have occurred during treatment. Furthermore, Regulation 423/07 of the Public Hospitals Act in Ontario requires hospitals to have a system for disclosing all “critical incidents” to the patient.

Not all instances of harm or critical incidents may have been caused by medical malpractice and not all instances of medical malpractice may be appreciated by the health professionals involved in care. As a result, even where there is no disclosure of information about any actual malpractice to a patient or their family, the injury or death may still have been caused by malpractice. A medical malpractice lawyer will need to obtain the opinions of independent medical experts to determine whether an injury or death was caused by medical malpractice.

When it comes to filing a medical malpractice claim, you should:

  • Document your situation
  • Create a detailed timeline of events leading to the injury
  • Contact a personal injury lawyer who has experience with medical malpractice cases

Documenting your situation in full detail will help your personal injury lawyer understand exactly what has occurred and determine if you may have a strong medical malpractice case. Lastly, due to the complex nature of most medical malpractice cases, it is important to speak to a lawyer sooner rather than later, while the information is fresh. Professional personal injury lawyers who have experience with medical malpractice cases will provide you the best chance of building a strong, successful case.


Contact Harrison Pensa

At Harrison Pensa, our team of professional lawyers have significant experience handling complex medical malpractice cases. Our experienced team can help build your case and get you the compensation you deserve. Contact us today to get started with a free consultation.

A word from our clients

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"I am a former client of Mr. Sean Mackintosh at Harrison Pensa law firm. I highly recommend Mr. Mackintosh and his diligent team. They are attentive" Read More

January 8, 2016

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HARRISON PENSA ™ is a full-service law firm representing private & business interests throughout southwestern Ontario.

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