Medical Malpractice Lawyers in Halifax Serving Victims of Malpractice-based Injuries
People place a great deal of trust in healthcare providers and don’t seek medical care expecting something to go wrong. Unfortunately, there can be a variety of errors or types of negligence that occur throughout the healthcare system, including surgical errors, misdiagnoses, and treatment and testing errors, among a variety of others – even when people are trying their best.
Mistakes made by health professionals can result in some of the most severe injuries or illnesses possible. In the worst of cases, it may even result in the death of a patient that could have recovered from the initial concern that brought them to the doctor in the first place. When this happens, people are left overwhelmed, distressed, and uncertain of what their options are. People that suffer a serious injury at the hands of those whose job it is to help them can feel betrayed; this may make it difficult for them to trust doctors or avoid care when they need it to avoid going to a hospital where they might be betrayed again.
At NOVA Injury Law, our firm is dedicated to gathering, analyzing, and presenting complex medical evidence to insurers and before the courts. We help patients who have been injured and bring claims on behalf of a patient’s loved ones if the patient has passed away.
More often than not, victims of medical malpractice are left with more than just the physical consequences of the doctor’s (or hospital’s) negligence. Many victims suffer various psychological effects from the incident, including generalized anxiety, depression, post-traumatic stress disorder, a fear of hospitals, or a change from their regular selves. It is important that injury victims are properly compensated for these psychological effects in addition to their physical injuries.
Why not take advantage of a no-risk-free case assessment from the only personal injury law firm in Atlantic Canada with a doctor on staff? At worst, you’ll understand the law relates to your claim, the options you have, and what your claim may be worth. At best, you’ll have an experienced injury lawyer (and doctor) working directly on your case from start to finish.
I Suspect I May be a Victim of Medical Malpractice; What Should I do?
If you believe you have been injured due to medical malpractice, it is useful to document everything, including treatments received, physicians’ notes or images, and photographs of injuries if they are outwardly visible. More so than other personal injury claims, it is very important for victims of medical malpractice to contact a lawyer to acquire legal services as soon as possible. Medical malpractice claims can be some of the most challenging and complex claims to both bring and prove, and time is usually of the essence.
Part of this is due to the massive insurance funds that doctors and health care authorities have. What this means is that the doctor you are alleging medical malpractice against will have virtually endless resources to help defend their actions. As such, it is vitally important that injury victims are properly equipped for the challenge.
NOVA Injury Law levels the playing field by bringing our skills and resources to bear on behalf of our clients. We work on a contingency fee basis – meaning there are no legal fees until the claim is settled – and engage our network of medical experts to build winning claims.
What Kinds of Injuries Might be a Result of Medical Malpractice?
While there are multiple types of medical malpractice claims, six of the most common forms are as follows:
Occurs when a doctor fails to diagnose the correct illness properly. This prevents the patient from receiving necessary treatment in a timely manner and may even cause them to receive unneeded treatment.
- Delayed Diagnosis
A delayed diagnosis can be considered similar to a misdiagnosis. Here, the doctor makes an incorrect initial diagnosis, but the patient does eventually get a correct diagnosis. This delay can allow the condition to worsen due to a lack of timely proper treatment.
- Failure to Treat
Here, a doctor arrives at the right diagnosis but fails to recommend proper treatment. This can occur when a patient is released too soon, doesn’t receive proper follow-up care, or is not referred to a specialist when they should have. Depending on the condition in question, this can lead to the progression of illness, worsening of injury, development of comorbid conditions, or even death.
- Surgical Errors
This encompasses errors in technique or treatment planning, including performing incorrect procedures, performing unnecessary surgeries, damaging the patient unnecessarily during surgery, administering incorrect amounts of anesthesia, using non-sterile equipment, leaving medical equipment inside a patient, providing inadequate or improper post-surgery care, and more. Some surgical errors can leave lasting injuries or even require additional revisional surgeries to manage post-surgical complications.
- Birth Injuries
These can be some of the most devastating types of medical malpractice cases and take many forms. For example, the obstetrician could provide inadequate prenatal care, negligent behavior could occur during childbirth causing significant injuries to the mother or baby, as well as other potential negligent behaviors. As a guideline, if these injuries were preventable during birth, the likelihood of medical malpractice has taken place is increased drastically. Unfortunately for the family to be, these injuries can have lifelong effects. In these drastic situations, these medical malpractice claims can lead to multi-million-dollar settlements. For more information on birth injury claims, please visit our page dedicated to this portion of our practice area.
- Medical Product Liability
This occurs when a patient receives a poorly designed or faulty medical device. These faulty products could injure the patient who receives them and could hinder a patient’s healing. Unfortunately for the patient on the receiving end, these injuries often occur before the defects are discovered. In these situations, if the manufacturer knew (or ought to have known) of the defect, they may be liable to all the victims.
How do I Prove That I am a Victim of Medical Malpractice?
Proving medical malpractice can be a very long and difficult process. Just because you receive an undesired medical outcome does not mean a doctor committed a negligent act against you.
Medical Malpractice occurs when a physician fails to perform their duty to the standards expected of the profession and, as a result, causes an injury or harm to a patient. As such, simply because you may not agree with a doctor or you didn’t heal properly does not mean they committed medical malpractice. This, coupled with the high insurance funds that physicians have, creates an uphill battle for proving medical malpractice.
As you build your case, an experienced injury lawyer will help you to make sure you can answer the following questions in order to show that your case may constitute medical malpractice:
- Was my injury the result of a mistake or an unpredictable accident during medical care?
- Did the physicians providing my care fail to provide adequate care during my healing process?
- Should the physicians providing my care have been aware of the complications caused by my treatment within a reasonable scope of their profession?
- Was my injury the result of a poorly designed or faulty medical product?
Should I Hire a Lawyer for This Kind of Case?
Even more so than other types of personal injury, a medical malpractice lawyer will likely help you increase the value of your claim and make sure you have the resources to compete with the large insurance companies that hospitals are able to employ. However, not every claim requires a lawyer.
To actually add value to your claim, a lawyer must be able to increase your total take-home amount after all fees are paid to greater than you would have settled for independently.
A good medical malpractice lawyer will make potential clients aware of this and be honest if they do not think they will actually add any value. If you are not sure if you require the representation provided by a lawyer for your personal injury case, call our office for a free initial consultation.
How Can a Personal Injury Lawyer Help Me With a Medical Malpractice Claim?
It may feel like all the boxes are stacked against you in a medical malpractice claim. This is part of the reason why a medical practice lawyer can be so beneficial. However, NOVA Injury Law is the only firm in Atlantic Canada with a doctor on the team. Chief Medical Consultant, Dr. Laura Mitchell, is a practicing emergency room physician with special training in occupational medicine. This allows us at NOVA Injury Law to support our clients’ medical malpractice claims with the most complete, accurate, and convincing medical evidence.
We know that medical malpractice cases may take years to prove. That is why we offer no-obligation case reviews and ‘no win, no fee’ agreements to all clients. This allows injury victims a set of professional eyes to review their cases before any obligations arise. From there, potential clients are able to seek out your rightful compensation without any upfront cost. Legal fees are paid as a percentage of the final settlement.
Do you or someone you know has a medical malpractice claim that needs to be assessed? Contact NOVA Injury Law today.
How Long do I Have After an Injury to Pursue a Medical Malpractice Claim?
Generally, each province has limitations on when claims can be filed, so it will depend on the specific province where the injury occurred.
In Nova Scotia, the general limitation period is 2 years. Within this, however, are exceptions. One of which is a discoverability rule. What this means is that the clock does not actually start running on your claim until after you reasonably know that you’ve been injured by someone else’s negligence.
However, this rule also has exceptions. Due to this, it is important to consult an experienced medical malpractice lawyer if you feel you may be close to a limitation period.
Is NOVA Injury Law the Right Fit for My Medical Malpractice Case?
Aside from the free case review and contingency fee agreement, NOVA Injury Law offers something that other Atlantic Canadian firms do not – we are the only birth injury lawyers in Atlantic Canada with a doctor on the team. Dr. Laura Mitchell is a practicing emergency room physician with special training in occupational medicine. Well-supported medical evidence from a doctor is vital to the success of a medical malpractice case, and our team will fight to make sure you have all of the evidence you need.
If one of your loved ones has been the victim of an injury caused by medical malpractice, contact a medical malpractice lawyer of NOVA Injury Law. For more information or to set up an initial consultation, you can reach us by calling 1-800-262-8104. Our team of experienced lawyers and staff is available 24 hours a day, 7 days a week, to support you and your loved ones.