How do I know if I have a medical malpractice case?

If you have a serious injury caused by a healthcare provider’s failure to meet the standard of care.

How long do these cases take?

Medical malpractice claims often take several years due to the need for expert evidence and court procedures.

What damages can I recover?

Compensation may include medical costs, lost income, pain and suffering, and long-term care expenses.

How much does it cost to hire a lawyer?

Van Dyke Law works on a contingency fee basis. You pay nothing unless compensation is recovered.

Can I file a claim if the patient has passed away?

Yes. Certain family members may pursue a wrongful death claim under Ontario law.

Medical Malpractice Lawyer Ottawa

Medical professionals failing to meet the standard of care can change a patient’s life in an instant. This can give rise to medical malpractice claims, which in Ontario are complex and evidence-driven. Often, medical professionals are strongly defended, so these cases require experienced legal guidance. Van Dyke Law is here to help. Our firm has over 30 years of experience, offers free consultations, and charges no upfront legal fees.

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What Is Medical Malpractice?

Medical malpractice occurs when a medical provider fails to meet the expected standard of care, resulting in injury.

Negligence may involve:

A misdiagnosis or delayed diagnosis
Surgical mistakes
Medication errors
Failing to monitor a patient properly
Failure to obtain informed consent

Malpractice can result from actions taken or necessary steps that were not taken. To succeed in a claim, it must be proven that the provider’s conduct fell below the standard of care and directly caused harm.

These cases are often more complex than other personal injury cases, as they require detailed medical analysis and expert opinion evidence.

Medical Errors and the Standard of Care

The standard of care is the expected level of attentiveness and care that healthcare professionals are expected to follow in similar circumstances. It’s decided through expert medical opinion and review of the records. Courts compare the treatment provided to what is accepted medical practice.

Informed consent is also part of the standard of care. Patients must be advised of material risks, benefits, and alternatives before treatment. Failure to properly inform a patient may constitute negligence.

Common Types of Medical Malpractice Claims

Common examples of medical negligence claims include:

Misdiagnosis or delayed diagnosis of serious conditions
Surgical errors
Medication or dosage mistakes
Birth injuries
Failure to obtain informed consent
Hospital or nursing negligence

Each case could occur in a hospital, a clinic, or a long-term care facility.

Injuries Caused by Medical Malpractice

Medical malpractice claims often involve serious and lasting harm, including:

Brain injuries
Spinal cord damage
Permanent disability
Chronic pain
Worsening of an underlying condition
Fatal outcomes leading to wrongful death claims

Because of the cost and complexity of litigation, claims are generally pursued where injuries are significant and long-term.

Compensation Available in Medical Malpractice Claims

Compensation could depend on the severity of the injury and its long-term impact, which may include:

Medical and rehabilitation expenses
Loss of income and reduced earning capacity
Pain and suffering
Long-term care costs
Family dependency claims in fatal cases

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Why Medical Malpractice Cases Are Challenging in Ontario

Medical malpractice litigation presents unique challenges. Doctors in Canada are supported by the Canadian Medical Protective Association (CMPA), which provides legal defence resources. Hospitals and insurers also retain experienced defence counsel.

Additional challenges include:

A high evidentiary threshold
Mandatory independent medical expert opinions
Extensive medical record review
Strict proof of causation

Early legal review is critical to determine whether the case is viable and to begin collecting evidence to confirm negligence resulting in harm.

How a Medical Malpractice Lawyer Can Help

Legal representation for medical malpractice claims is increasingly beneficial, as these cases require thorough preparation and expert involvement.

Legal representation may include:

Assessing whether a viable claim exists
Obtaining and reviewing complete medical records
Consulting qualified medical experts
Developing evidence to prove negligence and causation
Negotiating with insurers
Representing clients in court if necessary

These cases are demanding and can take time to resolve. Experienced legal guidance helps ensure the claim advances properly.

Time Limits for Medical Malpractice Claims in Ontario

Most claims must be started within two years of the date the injury was discovered, as outlined in Section 4 of the Limitations Act.

Special rules may apply for:

Minors who have extended limitation periods
Fatal claims have specific timelines for family members

Failing to meet a limitation period can permanently bar plaintiffs from filing a claim. This makes prompt legal advice important.

Why Ottawa Clients Choose Van Dyke Law

Medical malpractice cases require careful screening and experienced handling. Van Dyke Law focuses on serious injury litigation and provides legal support throughout the process.

Clients value our:

30+ years of experience

Personal, one-on-one representation

Careful case evaluation before litigation begins

A contingency fee structure with no upfront costs