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Medical Liability

“(…) (care) accidents are not, by far, the only facts of incompetence or negligence (…) the system (organization, process or resources, for example) is at stake. (…) nobody is really safe, the most competent can be wrong, as well as the most careful.”

– Translation of ‘’Les accidents évitables dans la prestation des soins de santé : la gestion‘’

Medical negligence lawyers at your service

If you or a loved one has suffered a medical error; you may be entitled to compensation for the damages suffered.

Medical liability is the area of law that is concerned with the rules applicable when a person is the victim of a medical error and is seeking compensation for the damages suffered.

Contrary to popular belief, the phenomenon of medical errors is not just an anecdote, and these adverse events do not occur in rare isolated cases. On the contrary, since we started to try to understand this phenomenon more and, above all, to quantify it through rules relating to the disclosure of medical accidents, all the annual reports point in the same direction: care accidents are systemic and several thousand Quebecers suffer the consequences each year.

If in doubt, it is best to contact a medical liability lawyer specialized in the field in order to obtain answers to the questions that concern you, to understand more what may have happened to you and, if necessary, to bring a claim for damages in order to get compensation for the damages you have suffered.

Fortunately, our medical liability lawyers can help you:

  • UNDERSTAND the circumstances surrounding the medical error, you were the victim of, and obtain answers to your questions.
  • ACT by obtaining compensation for the damages suffered and by promoting the accountability of the health care system.
  • PREVENT the occurrence of similar events and prevent other people from being victims of the same situation.

How can our medical liability lawyers help you?

At MedLegal, our team of medical negligence lawyers have spent almost their entire careers representing victims of medical errors.

In the event that you have doubts on the quality of the care offered or on the cause of a complication you sustained during an episode of care, we can help you understand what happened and why you likely suffered damages, if any.

We offer turnkey legal serviceshealth law, forensic psychiatry, human rights, disability insurance, personal injury and even training in Quebec health law – throughout the entire process, from the collection of initial data to the litigation of your case. Throughout this process, our medical liability attorneys will leave no stone unturned in order to properly assess the strengths of your case, while giving you a clear picture of your chances of success.

In the event of legal proceedings, we will make sure to formulate a complaint considering all the damages that you have suffered, according to the rules of law and the applicable jurisprudence.

Did you know? 

  • Any employee of a health care institution or any professional who practices in a health care institution must report to the authorities of the institution any incident or accident that they have noticed, as soon as possible.

 

  • In the event that the adverse event you have suffered is associated or is likely to be associated with consequences, the representatives of the health establishment have the obligation to inform you of the situation, to offer support and notify you of the measures that will be put in place to prevent the situation from happening again.

 

  • You have three years to file a medical liability claim. However, the three-year period must begin from the moment you became aware of all the elements which must be present to initiate a recourse, namely the fact that a fault has been committed and that damages result therefrom.

Examples of our medical liability law interventions

We can assist and represent you in legal proceedings in the following events (please note that these are only some examples):

  • Delay of diagnosis of a condition requiring immediate medical attention in the emergency room (heart attack, ruptured aneurysm, intracranial hemorrhage, ponytail syndrome, epidural abscess, compartment syndrome, appendicitis, intestinal obstruction, pulmonary embolism or others);
  • Failure in the assessment of suicidal or homicidal risk;
  • Lack of surveillance in the emergency room (monitoring of vital signs, state of consciousness, falls);
  • Failure to supervise a suicidal person;
  • Fault in the administration of medication (wrong medication, wrong dose, poor assessment of allergies, wrong route of administration, wrong frequency of administration);
  • Technical fault in performing invasive medical procedures with trauma to anatomical structures (during orthopedic, urological, digestive, gynecological, neurosurgery or during an invasive radiological exam);
  • Instrumentation or compresses forgotten in the context of surgery;
  • Failure at the operating site where surgery is performed;
  • Failure to monitor a pregnancy (prenatal diagnosis, assessment of gestational age, assessment of maternal well-being or fetal well-being, indication whether or not to give birth by natural means);
  • Fault during childbirth (indication to perform a caesarean more quickly, indication to perform an instrumental delivery, use of instruments);
  • Failure during monitoring of maternal well-being after childbirth;
  • Time of diagnosis and treatment of cancer;
  • Trauma to a nerve following dental treatment;
  • Inadequate dental restorations (non-functional, premature wear, chronic pain);
  • Submission by a pharmacist of the wrong medication, overdose of medication, problem of drug interaction;
  • Failure to indicate or perform manipulation by a chiropractor.

When to call on our medical liability law services

Do you doubt the quality of the care provided to you? Do you have any unusual after-effects or consequences that you had not been warned of as a possibility before treatment? You do not understand how certain damages could have occurred after an episode of care? Contact us as soon as possible, as you may be entitled to claim compensation for the damages suffered!