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
Medical Malpractice Lawyers in Halifax, Serving All of Atlantic Canada If medical malpractice leads to serious injury or death, we can help.
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 negligence that occur throughout the healthcare system, including surgical errors, misdiagnoses, treatment and testing errors, among a variety of others.
Mistakes made by health professionals can result in some of the most severe injuries possible. In the worst of cases, it may even result in the death of a patient. When this happens, people are left overwhelmed, distressed and uncertain of what their options are.
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 self. 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’VE FALLEN VICTIM TO MEDICAL MALPRACTICE … WHAT NOW?
More so than other personal injury claims, it is very important victims of medical malpractice contact a lawyer as soon as possible. These claims can be some of the most challenging and complex claims to both bring and prove.
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.
COMMON TYPES OF MEDICAL MALPRACTICE
While there are multiple types of medical malpractice claims, six of the most common forms are as follows:
A) Misdiagnosis: Occurs when a doctor fails to properly diagnose the correct illness
a. This prevents the patient from receiving necessary treatment in a timely manner and may even cause them to receive unneeded treatment.
B) Delayed Diagnosis
a. Similar to a misdiagnosis.
b. Here, the doctor makes an incorrect initial diagnosis, but the patient does eventually get a correct diagnosis.
c. This delay allows the condition to worsen due to lack of proper treatment.
C) Failure to Treat
a. Here, a doctor arrives at the right diagnosis but fails to recommend proper treatment.
b. This can occur when a patient is released to soon, doesn’t receive proper follow-up care or is not referred to a specialist when they should have.
D) Surgical Errors
a. This encompasses things such as:
i. incorrect procedures,
ii. unnecessary surgeries,
iii. damaging the patient unnecessarily during surgery,
iv. administering incorrect amounts of anesthesia,
v. Use of non-sterile equipment,
vi. Leaving medical equipment inside a patient, OR
vii. Improper post-surgery care
E) Birth Injuries
a. These can be some of the most devastating types of medical malpractice cases and take many forms
b. 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
c. As a guideline, if these injuries were preventable during birth, the likelihood of medical malpractice having taken place is increased drastically.
d. 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.
F) Medical Product Liability
a. This occurs when a patient receives a poorly designed or faulty medical device.
b. These faulty products could injury the patient who receives them.
c. 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.
PROVING 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.
SHOULD VICTIMS OF MEDICAL MALPRACTICE HIRE A LAWYER?
Even more so than other types of personal injury, a medical malpractice lawyer will likely help you increase the value of your claim. 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.
HOW NOVA INJURY LAW CAN HELP
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.
Think you or someone you know has a medical malpractice claim that needs to be assessed? Contact NOVA Injury Law today.
HOW LONG DOES ONE HAVE TO PUSUE 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.
BUT, this too has exceptions. Due to this, it is important to consult a medical malpractice lawyer if you feel you may be close to a limitation period. For consultation contact our personal injury lawyer at call at 1-800-262-8104
NOVA Injury Law for a FREE consultation
What are you waiting for? Give us a call, or send us an email today. We will get in touch with you within one business day. There is no pressure or downside. We promise you a straight-up opinion about your case.
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