MEDICAL MALPRACTICE

How a Lawyer Can Help You Win a Medical Malpractice Case

Your Aylward, Chislett & Whitten lawyer has the resources to find independent experts to determine whether you have a case and the ability to access the full medical documents that expert will need, right down to the nurses’ notes. With your lawyer at your side, you’ll have the tools that will better allow you to win the case.

Your Medical Malpractice Claim – We Can Help

Medical malpractice can cause devastating harm. If you or a loved one has been harmed by medical malpractice, our malpractice lawyers can help. Medical professionals in Newfoundland and Labrador cannot guarantee a cure, but they have a duty not to injure you. Unfortunately, medical errors do happen. One national newspaper estimates that there are more than 2,000 adverse medical events per year in this province resulting in complications, injuries and even deaths.


What is a Malpractice Claim?

Medical malpractice can cause a patient to suffer permanent catastrophic injury and disability. If you have been hurt by medical negligence, you may be entitled to substantial legal compensation. A patient has a malpractice claim when it can be proved that the negligence of a healthcare provider caused harm to the patient. Compensation can include payments: for pain, for loss of earnings, for personal care and for household assistance, and for other losses.


Types of Medical Malpractice

Medical malpractice may be the result of negligence by a family doctor, specialist, surgeon, nurse, pharmacist or other person, institution or company involved in your healthcare. Medical malpractice takes many forms including:

  • Medical negligence in caring for a mother during pregnancy
  • Medical malpractice during labour and delivery causing birth injury, brain injury, cerebral palsy or other injury to baby or injury to the mother
  • Negligence in surgery or post-surgical care
  • Negligence in performance of a medical procedure
  • Misdiagnosis or delayed diagnosis
  • Failure to order or properly review tests and x-rays
  • Failure to seek a specialist's advice
  • Failure to refer patient to appropriate specialist
  • Medication errors
  • Failure to monitor a patient’s condition or changes in the patient’s condition
  • Defective medical equipment or device


What Makes a Malpractice Claim Different?

Medical malpractice claims can be much more challenging and complex than other accident claims. Many medical mistakes are not obvious. Once a mistake is established, it must be proven that the mistake caused the patient’s injury.


What We Offer

We will pursue full compensation for harm caused by provable medical malpractice. We work hard to obtain positive results for our clients. These steps include:

  • Thorough review of extensive medical, hospital and other records
  • Obtaining expert medical advice and reports
  • Providing you with complete information, sound advice and preparation
  • Discovery examinations of defence and other witnesses
  • Experienced and skilled representation in settlement negotiations and in court


The best time to speak to a malpractice lawyer is now. Early consultation makes a successful outcome more likely. There is no charge for an initial consultation. At our discretion, a claim will be accepted on a contingency fee. A contingency fee is payable only if the patient is paid compensation. If you do not collect, there is no legal fee.


Remember – even if you signed a consent form at the hospital, you still are entitled to compensation if the doctors or hospital staff were negligent. We can help you obtain compensation for loss of income, pain and suffering, loss of quality of life, future care and loss of earning capacity. Call Aylward, Chislett & Whitten to discuss your claim and how we can help.

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