What to Do If You Suspect Medical Malpractice Occurred
If you believe you or someone you love may have experienced medical malpractice, follow these steps for a brighter future.
- Change healthcare professionals or hospitals.
You have the right to a second opinion about your medical diagnosis or treatment. Do not worry about offending the physician by asking for one or by switching hospitals. In serious cases, it may even save your life. - Stay quiet about your suspicions until you have secured a lawyer.
Do not communicate your intent to file a lawsuit with your doctor or the hospital. Even an informal letter can serve as pre-trial notice, triggering the statute of limitations. Do not publicly talk about the suspected medical malpractice, especially on social media or personal blogs. Your posts may be used against you by the defendant. - Collect and preserve evidence.
Write down everything you remember in chronological order. Make note of what happened, who provided care, who was with you, what was said to you, what you noticed being done (or not done), and if any of medical professionals seemed “off” (angry, overworked, uninvolved, complaining, distracted). Compile text messages, emails, photos and videos, social media posts, and receipts to establish a documented timeline. Request records from physicians or the hospital. If you do not have these records, our medical malpractice lawyers can work with you to obtain them. Keep track of all related expenses (hospital parking, health care trips, hotels, meals, equipment purchases, time off work, etc.). - Contact a lawyer as soon as possible.
Medical malpractice cases are complex and nuanced—even more so than other personal injury cases. You need a lawyer who is well versed in this area of the law with trial-tested experience to ensure you file suit correctly. This increases your chances of success in securing compensation. Legate Injury Lawyers has 40 years of focused experience with a passion for resolving medical malpractice lawsuits.
What to Do If You Suspect Medical Malpractice Occurred
If you believe you or someone you love may have experienced medical malpractice, follow these steps for a brighter future.
- Change healthcare professionals or hospitals.
You have the right to a second opinion about your medical diagnosis or treatment. Do not worry about offending the physician by asking for one or by switching hospitals. In serious cases, it may even save your life. - Stay quiet about your suspicions until you have secured a lawyer.
Do not communicate your intent to file a lawsuit with your doctor or the hospital. Even an informal letter can serve as pre-trial notice, triggering the statute of limitations. Do not publicly talk about the suspected medical malpractice, especially on social media or personal blogs. Your posts may be used against you by the defendant. - Collect and preserve evidence.
Write down everything you remember in chronological order. Make note of what happened, who provided care, who was with you, what was said to you, what you noticed being done (or not done), and if any of medical professionals seemed “off” (angry, overworked, uninvolved, complaining, distracted). Compile text messages, emails, photos and videos, social media posts, and receipts to establish a documented timeline. Request records from physicians or the hospital. If you do not have these records, our medical malpractice lawyers can work with you to obtain them. Keep track of all related expenses (hospital parking, health care trips, hotels, meals, equipment purchases, time off work, etc.). - Contact a lawyer as soon as possible.
Medical malpractice cases are complex and nuanced—even more so than other personal injury cases. You need a lawyer who is well versed in this area of the law with trial-tested experience to ensure you file suit correctly. This increases your chances of success in securing compensation. Legate Injury Lawyers has 40 years of focused experience with a passion for resolving medical malpractice lawsuits.
Common Places Where Medical Malpractice Occurs
Medical malpractice is a term that covers all health care providers—family doctors, nurse practitioners, midwives, specialists, physiotherapists, optometrists, hospital policy makers, supervisors, and more.
Some common places where medical malpractice occurs in Ontario include, but are not limited to:
- Hospital emergency rooms (ERs)
- Intensive care units (ICUs)
- Operating rooms
- Maternity wards
- Neonatal and pediatric units
- Oncology units
- Rehabilitation units
- Walk-in and outpatient clinics
- Imaging facilities
- Laboratories
- Pharmacies
Common Types of Medical Malpractice
Medical malpractice can result from miscommunications, carelessness, inadequate education or experience, and/or ignoring the complaints or concerns of patients or other healthcare professionals. Regrettably, there is a long list of medical malpractice examples, but here are some of the most common:
- Delayed diagnosis or failure to diagnose and treat
- Undiagnosed or delayed diagnosis of heart attack, stroke, cancer, or disease
- Medication errors
- Prescribing the wrong medications or the wrong dosage; not considering adverse medication interactions; wrong method of administration; prescribing medication too late
- Surgical errors
- Undertaking unnecessary surgery; performing surgery beyond the scope of the practitioner; operating on the wrong body part; leaving surgical instruments inside patients; failure to properly prepare for surgery (create a sterile environment)
- Postoperative care
- Subpar patient care after surgery, including medical errors with anesthetics, infection treatment, and blood pressure maintenance
- Infection
- Misdiagnosis or mismanagement of infections (viral or bacterial) can cause sepsis or even death
- Failure to obtain informed consent
- Failing to advise patients of all treatment options, warn them of significant risks, and get their informed consent before proceeding