Navigating the intricacies of medical malpractice in Ontario can be daunting. While still a relatively rare occurrence, as many as one out of 18 patients are subject to some form of error in Canadian hospitals, making these incidents all the more shocking and difficult to manage.

Indeed, medical malpractice impacts patients’ physical and emotional well-being and involves complex legal proceedings that require meticulous documentation and expert testimony. Whether you’re grappling with the aftermath of a misdiagnosis, a surgical mishap, or any other form of medical negligence, understanding your rights is critical.

What is medical malpractice?

Medical malpractice occurs when a healthcare professional strays from the accepted standards of the medical community, resulting in harm to a patient. This can include diagnosis, treatment, aftercare or related health-management missteps. However, just because a doctor may have made an error, doesn’t mean you’ll necessarily be able to claim some form of compensation for the ensuing loss or personal injury. It must be proven that the healthcare provider’s negligence directly caused harm. That negligence might manifest through acts of omission or a failure to act appropriately, given the medical standards expected in similar scenarios.

Standards of care in Ontario

In Ontario, patients are entitled to a reasonable standard of care from their healthcare providers. This standard is judged based on what another competent professional in the same field would have provided under similar circumstances. If this standard is not met, and the patient suffers harm, there may be grounds for a medical malpractice claim. When undergoing any medical procedure, you can do your part to ensure you’re being treated fairly by:

Documenting your care: Keep comprehensive records of all medical appointments, treatments, and correspondences. These documents can be vital in establishing the timeline and details of your case.

Seeking a second opinion: This is crucial not only for your health, but also to provide an independent assessment of your treatment—which could be pivotal in substantiating your claim.

Understanding informed consent: You have the right to be informed about the potential risks and benefits of any treatment. A lack of informed consent can be a significant factor in medical malpractice cases.

If you suspect medical malpractice, consult with a personal injury lawyer who specializes in medical malpractice as soon as possible. In Ontario, the statute of limitations for filing a medical malpractice claim is typically two years from the date the incident occurred, or the consequences of the incident were first discovered.

At Leone Murray LLP, our medical malpractice case management process begins with a complimentary initial consultation with a member of our legal team, who will document and evaluate the details of your specific claim. The next steps in your medical malpractice case could typically include:

1.  Investigation: The Leone Murray team will collect all relevant medical records, interview witnesses and gather evidence. We may also consult with other medical experts to help determine whether a reasonable standard of care was met in your case.
2. Filing a lawsuit: Once sufficient evidence is gathered, we may file a formal complaint against the healthcare provider or institution responsible. This document outlines your allegations and the desired terms of compensation.
3. Discovery phase: Both sides will exchange information and further investigate the facts of the case. This often involves depositions, where witnesses and the defendant provide sworn testimony.
4. Negotiation and mediation: Before the case goes to trial, there is usually an opportunity for both parties to settle the case out of court. Mediation may be used to reach a settlement agreeable to both sides.
5. Trial: If a settlement cannot be reached, our team will take your case to trial. During the trial a judge or jury makes a final decision on liability and damages. An appeal could result if either party disagrees with the trial’s outcome.

Successful medical malpractice claims may result in various forms of compensation, including, but not limited to, covering medical costs, reimbursing lost income, compensating for pain and suffering and providing for future care needs. The specific outcome of each case will depend on the unique circumstances and the evidence provided.

Setting realistic expectations—and understanding that your case is unique—is important. So, too, is ensuring you have the necessary compensation to make a complete recovery, living your life to its full potential after an incident of suspected medical malpractice.

The Leone Murray LLP team

Do you suspect that you or a loved one has been subject to some form of medical malpractice? Contact a member of our team today to learn more about how we can support you through this challenging time, ensuring your rights are protected and you receive the compensation you deserve.