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If you think that medical negligence has caused harm to yourself or a loved one, please complete the form below or call 514-288-1114 for a free consultation.
Negligence committed by doctors, nurses, hospitals and clinics
Medical malpractice occurs when a healthcare practitioner breaches the standard of care and thereby causes injury to the patient. These injuries are preventable. There are many injuries or unintended consequences that are not the result of medical malpractice. If you suspect medical malpractice, you should speak with an experienced lawyer and have your medical records fully reviewed.
Medical negligence cases are extremely complex and require a detailed review of highly technical medical files, interpretation by specialized experts and the integration of law, medicine and science. If you have suffered an injury due to negligence committed by a doctor, nurse, hospital or clinic you may have the right to sue them.
Medical Malpractice Areas of Focus
Medical negligence can occur in a variety of ways, in a variety of surroundings, and involve different healthcare professionals.
Malpractice may occur because of action (surgical error) or inaction (diagnostic error). These complications can occur in a CLSC, in a clinic or in a hospital.
Brain Injury
An injury to the brain can take many forms, and the consequences can be catastrophic. Brain injury can have serious consequences and usually involve complex medical issues. We understand how challenging it can be to navigate them and we have over 40 years combined experience dealing exclusively in this area of law. Whether you or a loved one has suffered a stroke, intracranial hemorrhage, a surgical complication, anoxic / hypoxic injury, or any other medical error resulting in brain injury, our team will assist you in obtaining a fair compensation.
Spinal Cord Injury
Various types of medical errors can result in spinal cord injuries. Medical or surgical complications can cause the injury suddenly, or it can happen over time due to a delay in diagnosing a treatable condition. The impact of a spinal cord injury is devastating. Due to our extensive experience handling spinal cord injury lawsuits, we have an impressive track record of obtaining substantial compensation for victims.
Birth Injury
The term birth injury pertains to injuries sustained by newborns during pregnancy, labor, delivery, or the immediate post-delivery period. A brain injury is often involved. The condition can be detected soon after birth or it may take longer to realize it. Permanent lifelong disabilities can result from birth injuries.
Misdiagnosis or Delayed Diagnosis
A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of an illness, medical condition, or injury. A misdiagnosis of your injury or sickness means the physician misread your test results. Their wrong diagnosis might worsen your medical condition, delay your correct diagnosis, or result in more harm to you or death. Misdiagnosis cases can also apply if your doctor fails to give you any diagnosis at all.
Annette Lefebvre Avocats represents people across Quebec who are victims of medical negligence or misdiagnosis.
If you or someone you love has been seriously injured, please contact us to receive a free consultation from one of our experienced medical malpractice lawyers.
There are three very specific elements all of which must be present in order to win:
1.
Fault
Fault is an act, or failure to act, which falls below the “standard of care’’ for the professional in question. The test in law merely requires that your doctor or nurse act as an average, prudent and diligent professional would act in similar circumstances.
2.
Injury
An identifiable injury must have occurred.
If no injury occurred as a result, your lawsuit will not succeed even though a negligent act was committed.
3.
Causation
Once fault and injury exist, the question becomes ‘’is the fault the direct cause of the injury?”
Do You Have A Case?
If all of the above elements exist you can claim monetary compensation (also known as “damages”) not only for your physical injury but also for your resulting economic losses, such as loss of past and future income, the cost of medical expenses and cost of care, as well as your resulting psychological damages, namely pain, suffering and inconvenience.
Medical records and expert consultation are essential to determining whether you have a case. Get in touch with us for a free consultation with one of our lawyers if you or a loved one have suffered an injury due to medical negligence.
Frequently Asked Questions
What types of cases fall under medical malpractice?
Medical malpractice can include a wide range of cases, including misdiagnosis, failure to diagnose, surgical errors, medication errors and birth injuries.
How do I know if I have a medical malpractice case?
If you have been injured or harmed as a result of medical treatment, you may have a medical malpractice case. However, not all negative outcomes are the result of medical malpractice, so it's important to consult with a medical malpractice lawyer to evaluate your case.
How long do I have to file a medical malpractice claim?
In Quebec, the statute of limitations for medical malpractice claims is generally three years from the date that you became aware of the injury or harm. However, there are some exceptions to this rule, so it's important to speak with a medical malpractice lawyer as soon as possible to ensure that you don't miss any important deadlines.
What damages can I recover in a medical malpractice case?
The damages that you can recover in a medical malpractice case will depend on the specific facts of your case. Generally, you may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other damages that you have incurred as a result of your injury.
How much will it cost to hire a medical malpractice lawyer?
Most medical malpractice lawyers work on a contingency fee basis, which means that they only get paid if they recover compensation for you. This is how it works at Annette Lefebvre Avocats as well - we only get paid if we recover compensation for you.
How do I prove that medical malpractice occurred?
In order to prove medical malpractice, you must show that the healthcare professional or institution failed to provide care that met the accepted standard of care, and that this failure caused you harm. This can be a complex process, so it's important to work with a medical malpractice lawyer who has experience in this area.
Can I sue for medical malpractice if I signed a consent form?
The fact that you signed a consent form does not necessarily prevent you from filing a medical malpractice claim. However, signing a consent form may impact the type of claim that you can file and the damages that you can recover. It's important to consult with a medical malpractice lawyer to determine how signing a consent form may impact your case.
What is the process for filing a medical malpractice claim?
The process for filing a medical malpractice claim in Quebec typically involves gathering evidence, obtaining medical expertise, filing a claim with the appropriate court and participating in discoveries. If a settlement cannot be reached, the case may proceed to trial. A medical malpractice lawyer can guide you through this process and represent your interests throughout the case.
How long does a medical malpractice case take to resolve?
The timeline for resolving a medical malpractice case can vary depending on the specific facts of the case and the complexity of the issues involved. Some cases may be resolved through a settlement in a matter of months, while others may take several years to reach a resolution. A medical malpractice lawyer can provide you with a more specific timeline based on the facts of your case.
Can I file a medical malpractice claim against a hospital or healthcare institution?
Yes, you can file a medical malpractice claim against a hospital or healthcare institution if their negligence contributed to your injury or harm.
What should I do if I think my loved one has been the victim of medical malpractice but they have passed away?
If you believe that your loved one was the victim of medical malpractice and has since passed away, you may still be able to file a wrongful death claim on their behalf. It's important to speak with a medical malpractice lawyer as soon as possible to discuss your legal options.
Do I have to go to court to resolve a medical malpractice case?
Not all medical malpractice cases go to court. In many cases, the parties are able to reach a settlement through negotiation or alternative dispute resolution. However, if a settlement cannot be reached, the case may proceed to trial. A medical malpractice lawyer can help you determine the best course of action for your specific case.
Can I switch lawyers in the middle of my medical malpractice case?
Yes, you can switch lawyers in the middle of your medical malpractice case if you are not satisfied with the representation that you are receiving. However, it's important to carefully consider your decision and to ensure that the new lawyer is able to effectively represent your interests in the case.