Medical Malpractice Lawyer Charlottetown Prince Edward Island

Medical Malpractice Has Consequences

Representing Prince Edward Islanders injured by medical negligence

Medical Malpractice Lawyers in PEI

Fighting for the rights of injured Islanders

When someone seeks medical attention, they don’t expect to be injured by the professionals who are supposed to take care of them. But, when healthcare providers don’t meet their standards of care or act negligently, injuries are the result. And the impacts of these injuries can be significant. Misdiagnosis, surgical errors, treatment errors, or testing errors can happen and Islanders do suffer injuries as a result.

On top of the injury, the prospect of filing a medical malpractice claim can be overwhelming. People are left feeling distressed and uncertain of their next steps.

NOVA Injury Law is dedicated to advancing medically accurate injury claims. We gather, understand, and present complex medical evidence every day. We’re the only law firm in Atlantic Canada with a doctor on the team and we work with a network of specialists to make the most compelling claims possible. 

At the end of the day, all medical malpractice lawsuits have to prove three things. First, we need to prove that a doctor, dentist, nurse, hospital, or some other party failed to meet the minimum standard of care or was negligent. Second, we need to prove the claimant was injured or suffered some kind of loss. And third, to tie it all together, we need to prove that the breach of standards or negligence caused the injury or loss.

A great medical malpractice lawyer has to comprehend the technical aspects of the injury, but they also have to grasp the real impact of that injury on the person’s life. Sometimes the medical mistake gives rise to certain psychological conditions, such as anxiety, depression, or post-traumatic stress disorder. It’s important for a medical malpractice to understand the whole impact of the incident.

If you or someone you know has suffered injury or loss because of medical malpractice, call NOVA Injury Law for a free case review. There’s no obligation and you’ll leave with an understanding of how the law applies to your claim, how much you’re entitled to, and what you need to do next.

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    COMMON TYPES OF MEDICAL MALPRACTICE

    While there are many differnt types of medical malpractice claims, some common mistakes that lead to claims are: 

    A) Misdiagnosis:

    Occurs when a doctor fails to properly diagnose the correct illness. It can prevent the patient from receiving necessary treatment in a timely manner and may even cause them to receive unnecessary treatment.

    B) Delayed Diagnosis

    Here, the doctor makes an incorrect initial diagnosis, but the patient does eventually get a correct diagnosis. The delay allows the condition to worsen due to lack of proper treatment.

    C) Failure to Treat
    This is when a doctor arrives at the right diagnosis but doesn’t recommend proper treatment.

    D) Surgical Errors
    This encompasses things like incorrect procedures, unnecessary surgeries,
    damaging the patient unnecessarily during surgery, administering incorrect amounts of anesthesia, using non-sterile equipment, leaving medical equipment inside a patient,  and improper post-surgery care.

    E) Birth Injuries
    These can take many forms. For example; the obstetrician could provide inadequate prenatal care, or negligent behaviour could occur during childbirth causing significant injuries to the mother or baby. As a guideline, if these injuries were preventable during birth, there’s a good chance that a medical malpractice claim may be viable.

    F) Faulty Medical Product
    This occurs when a patient is injured by a poorly designed or faulty medical device. In these situations, if the manufacturer knew (or ought to have known) of the defect, they may be held responsible for compensating injury victims.

    PROVING MEDICAL MALPRACTICE

    Proving medical malpractice is often a long and challenging endeavour. Just because the patient received an unfavourable medical outcome does not automatically mean a medical professional committed a negligent act.

    In a legal sense, medical malpractice is 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

    Doctors, nurses, dentists, and other medical professionals are well ensured and prepared to fight every medical malpractice claim. These claims are not impossible, but they’re certainly not easy.

    SHOULD VICTIMS OF MEDICAL MALPRACTICE HIRE A LAWYER?

    Even compared to other types of personal injury claims, medical malpractice claims can really benefit from the work of an experienced malpractice lawyer. We’re talking about complex, technical arguments about medical topics. You need medical experts to testify and you need a lawyer who can comprehend the complex issues at play. NOVA Injury Law is a boutique law firm designed specifically for serious injury cases. Medical malpractice is what we do every day. We’re the only law firm in Atlantic Canada with a doctor on our team and we build claims with the utmost medical understanding. Hiring a lawyer to manage your medical malpractice claim is highly advisable.

    HOW NOVA INJURY LAW CAN HELP

    The medical malpractice lawyers at NOVA Injury Law start every claim by reviewing the facts of the case with our client and our Chief Medical Consultant, Dr. Laura Mitchell, a practicing physician with specialized training in occupational medicine. Our doctor/lawyer team work to create a specialized legal strategy for every claim, aimed at reducing stress for our client and maximizing their recovery.

    We support our claims with the most complete, accurate, and clear medical evidence possible – at no cost to our clients. Legal fees are paid as a percentage of the final settlement.

    HOW LONG DOES ONE HAVE TO PUSUE A MEDICAL MALPRACTICE CLAIM?

    Each province has it’s own limitations on how long injury victims have to file claims, so your limit depends on the province where the injury occurred.

    In Prince Edward Island, the general limitation period is 2 years. However, there are exceptions to this rule. For instance, the clock does not start running on the claim until after you reasonably discovered that you were injured. 

    And, this too has exceptions. Therefor, it’s a good idea to contact a medical malpractice lawyer as soon as possible after an incident of medical malpractice. There’s no cost associated with our free case review and you’ll come away with an understanding of where your claim stands.

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    Additional Information

    The time it takes to get your settlement check depends on which insurance company you're dealing with, whether they've used an independent adjuster, what time of year it is, and where you live. Trying to close your claim with an
    There are two main routes to injury claim settlement: settlement with an adjuster without a legal claim, and settlement with a lawyer before or after filing a legal claim. A settlement means a resolution to your claim without the matter
    As we have discussed in previous blogs, there are timelines and deadlines to pursuing a legal claim. If you file a medical malpractice claim after the limitation date, you could lose your claim because you filed the lawsuit too late.
    You cannot be successful in a medical malpractice claim if you cannot establish causation. This means that the plaintiff has to show a substantial connection between their injury and the defendant’s conduct. While other areas of negligence law have remained
    Medical malpractice claims can be tricky, complicated, and time-consuming. We aren’t all doctors, so it becomes essential to have medical experts who can provide evidence and testify on the critical issues in your case. In Canada, most physicians are members
    Injured?

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