Toronto Cerebral Palsy Lawyer - Legal Advice
TORONTO LAWYER HELPLINE: ☎ 855 804 7142
Our specialist Toronto medical malpractice lawyers represent people from across Ontario whose children suffer from cerebral palsy. Our lawyers, who are based in Toronto use a contingency fee arrangement to represent clients which means that if a cerebral palsy settlement is not achieved our lawyers don't get paid. Following your initial contact with us, we will advise you at an early stage whether or not your child has a claim with a reasonable chance of success and if so what steps you should take to protect your legal rights. If you would like free telephone advice from a Toronto medical malpractice lawyer, without any further obligation, just call the helpline or complete the contact form or email our Toronto offices.
The medical profession in Toronto including doctors, nurses and technicians usually provides a caring service for their patients however there are occasions when things go wrong and if your child has been injured as a result of clinical errors or mistakes then you may be able to claim compensation. To succeed in a medical malpractice lawsuit it is necessary for a cerebral palsy lawyer to prove :-
- Breach of the Standard of Care.
It is necessary to show that there was an error or mistake which a reasonable and prudent health care professional would not have made under the same circumstances.
- Causation of the Injury.
It is necessary to prove that the error or mistake actually caused injury, usually by way of expert testimony.
- Existence of Loss.
Damage, loss, harm or injury must have resulted from the error or mistake.
Proof of Negligence
To prove medical malpractice a cerebral palsy lawyer must show that it is more likely than not that their client has suffered personal injury which they would not otherwise have suffered but for the negligent treatment of a doctor or healthcare professional. To be judged as negligent a doctors conduct must have fallen below the minimum standard of skill or care which their profession regards as acceptable in that particular geographic area.
Standard of Care
It is also necessary to show that harm has been caused to a patient as a result of the doctors lack of care. In general terms it is usually necessary to show the natural progression of any underlying condition and what the outcome would have been if the treatment had not been negligent, in order to demonstrate the actual harm caused to the patient. Whilst the entire country operates under the same general principles regarding medical malpractice there are some differences in local state legislation and it is important to obtain qualified legal advice from a specialist cerebral palsy attorney as soon as possible.
Cerebral Palsy is a catastrophic injury, altering the lives of both victims and their families forever. Most families don't have the resources to cover all of the expenses and provide for the child victim's treatment over his or her lifetime. Our cerebral palsy lawyers can assist your child to receive the compensation they deserve. If your child's condition resulted from medical malpractice, we can help you assert your child's rights and get the compensation that your child needs and deserves.
People suffering from cerebral palsy often endure difficult medical, social, and educational development and whilst compensation cannot repair the damage that has been done it can make life easier and more comfortable. Compensation that can be claimed by our cerebral palsy lawyers includes items for :-
- care and assistance for the past and for the future
- pain and suffering (including psychological damage);
- loss of amenities of life
- special equipment and alterations to accommodation
- medical expenses for the past and for the future
In a medical malpractice case compensation is payable for losses and expenses caused to the injured child and is divided into two main categories:
Special Damages include care and assistance for the past and for the future, medical expenses and other losses and expenses that have been reasonably incurred.
General Damages include physical and emotional pain and suffering, loss of the enjoyment of life and psychological injuries such as depression or post traumatic stress disorder and other losses that are difficult to calculate accurately.
Punitive Damages are applicable if the evidence shows that the medical malpractice is the result of behavior that is reckless or is with a conscious disregard for the outcome, then an award of punitive damages may be made against the negligent physician concerned.
Arbitration is often put forward as a method of dealing with a cerebral palsy medical malpractice lawsuit however there may be difficulty in obtaining all of the factual information which can usually only be brought about as a result of filing a cerebral palsy lawsuit in a court of law. In minor medical malpractice cases arbitration may be appropriate however in a substantial case it may well be preferable to rely on general medical malpractice law and take the matter to trial. Agreement to arbitrate a cerebral palsy lawsuit should not be made without detailed advice from an experienced Ontario advocate.
The limitation period is the time limit under which a lawsuit for a compensation claim settlement can be filed in court by a cerebral palsy lawyer. The legislation is often referred to as 'The Statute of Limitation' and its purpose is to bring certainty and finality to the legal process. A number of provinces have litigated cases whereby the restrictions and restraints of the limitation legislation has been found to be erroneous. Limitation law is in a constant state of flux and the only reliable source of accurate information is likely to be a firm of experienced medical malpractice lawyers who are familiar with the relevant law, recent developments and case law in each area. As time passes, memories fade and documentation may become corrupted, lost or destroyed. Witnesses may die or move away and become impossible to locate. This legislation varies dependent on location and not only are the time periods different but the exceptions relating to children, the mentally disabled and corrupt or dishonest physicians may also be different. It is essential that legal advice is sought in regards to these time periods and nothing on this website relating to limitation periods should be relied on due to the ever changing nature of legislation and case law. Any information relating to individual provinces limitation periods or exemptions should only be acted upon after consultation with experienced cerebral palsy lawyer from the relevant location.
Toronto Cerebral Palsy Lawyers
Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. Our Toronto cerebral palsy lawyers deal with claims on a contingency basis which means they don't get paid unless they succeed. If you would like free telephone advice from an expert, without any further obligation, just call the helpline or complete the contact form or email our Toronto offices.
TORONTO LAWYER HELPLINE: ☎ 855 804 7142