If you or a loved one has been seriously harmed or died as a result of medical malpractice it is extremely important that you choose the best medical malpractice lawyer to represent you. Medical malpractice claims are highly complex and vigorously defended. Even strong cases with sympathetic clients can be lost in Court. For this reason, if you suspect medical malpractice, you should ensure you retain the best malpractice lawyer willing to take your case.
The following is a list of the 5 most important considerations to think about in choosing the best medical malpractice lawyer to assist you.
1. Specialization in Medical Malpractice Law
Personal injury lawyers are a dime a dozen. The advertisements are everywhere in Ontario, especially in cities like Toronto, Mississauga, Hamilton, and Ottawa. You see personal injury lawyers advertising on buses, billboards, sports events, television, and even above the urinals at sports events.
Many personal injury lawyers will advertise on buses, among other places
Most personal injury litigators are looking to represent people involved in motor vehicle accidents, slip and falls, and disability claims.
Although medical malpractice is type of personal injury, it is really a distinct and separate specialty of litigation. Some general personal injury lawyers will advertise that they handle medical malpractice claims, but it may not be their primary or exclusive focus.
If you want the best medical malpractice lawyer to represent you then you should find a lawyer that specializes in medical malpractice claims. If you are considering retaining a particular lawyer to represent you, you should ask them or find out the following:
How much of their practice is devoted to medical malpractice claims?
Have they ever handled a case similar to yours?
How long have they been practicing law?
The problem you may face if you hire a lawyer without a significant amount of medical malpractice training or experience is that they may fail to appreciate certain nuances to your case that could leave you without the compensation you are entitled.
2. Knowledge of Medicine
Lawyers who primarily practice in the area of medical malpractice will develop a deep understand of medicine and the administration of healthcare. If you want the best medical malpractice lawyer representing you, then you will want a lawyer who already has a strong understanding of medical terminology, anatomy, surgical procedures and complications, as well as the way in which patients flow through hospitals and between specialist doctors.
The fact is that medical malpractice cases are primarily about the medicine, not the law. All civil litigators understand how to prosecute or defend a civil claim. The best medical malpractice lawyers will have demonstrated experience analyzing medical records, conducting medical research, and consulting with a variety of different doctors, from leading medical experts in large Toronto teaching hospitals to community practices in rural townships.
When looking for the best medical malpractice lawyer for your case you should ask your lawyer if they have had a case similar to yours. You should consider how well they can explain the medical terminology to you and whether they demonstrate a working knowledge of the medical issues in your case.
3.Trial Experience
The vast majority of civil lawsuits will settle with the exception of medical malpractice lawsuits. Many medical malpractice lawsuits go to trial.
Many medical malpractice lawsuits will see the inside of the Courtroom
In order to succeed in a medical malpractice claim for compensation you must prove in Court that a doctor or other healthcare professional was negligent. Even though it is not the doctor or nurse that will personally pay the damages awarded, they nevertheless do not want their reputation tarnished by a public finding of negligence. For this reason, medical malpractice claims have much higher likelihood of ending up in a courtroom before a judge or jury.
This also means that doctors and hospitals have considerable resources and talent at successfully defending what might otherwise be a meritorious claim. If you want the best medical malpractice lawyer representing you, you will want to have a lawyer that has experience going to trial against doctors or hospitals.
You should ask the lawyer you are considering for your case whether they have gone to trial in a medical malpractice action and if so, how many times? What types of medical malpractice cases have they prosecuted? How successful were they? These are all important questions to ensure you have the best medical malpractice lawyer in your corner fighting for your rights.
4. Good Bedside Manner
The best medical malpractice lawyers are often extremely busy which can sometimes leave little time for client updates and communication. Medical malpractice claims will go on for many years so it is very important that when you pick the lawyer to represent you that you have a good rapport and feel confident that your case is being properly handled.
Communication is important so you know what to expect as your case moves through the civil justice system. It can be both frustrating and anxiety provoking not knowing what is happening with your case or whether the lawyer you hired is even working on it. The best medical malpractice lawyers will communicate with your clearly and effectively so that you know what is happening every step of the way.
5. Recognized By Colleagues and Peers
Most successful lawyers will devote a certain amount of time to speaking at conferences or universities in order to share their specialized knowledge. They may also be recognized by peer reviewed organizations for excellence in medical negligence claims.
When looking for the best medical malpractice lawyer to represent you in your lawsuit you should find out if they have spoken at industry events and if so on what topics? What else has your potential lawyer done outside of direct practice to demonstrate that they are the best medical malpractice lawyer to represent you?
Finding the best medical malpractice lawyer in Toronto, Mississauga, Hamilton, Ottawa or anywhere in Ontario is extremely important for patients that have been seriously injured by a doctor or hospital. There are so many different types of medical malpractice claims such as misdiagnosis, delayed treatment, surgical errors, post-operative care errors and medication administration errors to name a few. If you’ve been unfortunately injured by medical malpractice you should make it a priority to find the best possible medical malpractice lawyer to help you to ensure you get the financial compensation you both need and deserve.
Paul is a partner at Davidson Cahill Morrison LLP. He has proven himself a fearless advocate by a number of successful trial outcomes over the years, including a $11.5 million judgment for medical malpractice causing cerebral palsy against a negligent doctor as well as a recent judgment against a negligent emergency room physician who caused the death of a 34 year-old mother of 4 young children.
On August 15, 2024, a birth injury medical malpractice lawsuit was dismissed in the Ontario Superior Court of Justice.
The Plaintiffs alleged birth trauma resulting in neurodevelopmental limitations due to a lack of informed consent with respect to the use of forceps and vacuum to expedite the birth of the child. The Plaintiffs further alleged negligence with respect to the timeliness of a C-section while the fetus was in distress.
On July 25, 2024, the Court of Appeal for Ontario dismissed the appeal of an emergency room physician whose negligence in failing to consider a stroke in his differential diagnosis led to delayed treatment and bad outcome for the patient.
