Halifax, Nova Scotia Medical Malpractice Lawyers Dedicated to Securing Compensation For Victims
When you have to seek treatment from a doctor or nurse you are at your most vulnerable. People place their trust in their doctor or nurse that they will use reasonable care and provide them with proper treatment. Unfortunately, many people are injured by negligent healthcare providers who fail to meet the standard of reasonable care. If you think you or a family member has been injured by a negligent healthcare provider, you need to know what your options are.
The medical malpractice lawyers at McKiggan Hebert have decades of experience helping victims secure compensation from negligent doctors, nurses, and other healthcare providers. The lawyers at McKiggan Hebert have achieved some of the highest medical malpractice settlements in Atlantic Canada. We know what it takes to win these complex cases—let us prove it to you. Call 902-423-2050 now to schedule a free consultation regarding your case.
What Needs to Be Proven In A Medical Malpractice Case in Nova Scotia?
There are four things that you must prove in order to succeed in a medical malpractice claim. You must show:
- There was an established patient-doctor relationship between you and the defendant and that the care provider owed you a “duty of care”;
- You must prove that the defendant, a healthcare provider or facility, failed to meet the accepted standard of care;
- You must be able to prove that the deviation from the accepted standard of care caused your injury; and
- Finally, what the measure of the harms and losses are from your injury.
Did the defendant breach the standard of care? Many medical malpractice claims hinge on whether or not the injured victim is able to prove that the defendant deviated from the accepted standard of care. This is not easy to prove—especially without a lawyer’s help.
The key to proving this point is establishing what the standard of care actually is and that another healthcare provider would not have made the same decisions under similar circumstances. Our Personal Injury Attorneys in Halifax will work with medical experts to prove that the defendant deviated from the accepted standard of care. Testimony from these experts will clearly show that the defendant was negligent and is therefore liable for your injuries.
Did the defendants’ negligence cause the injury? In many malpractice cases the plaintiff was already sick or ill before they received treatment. So, it can be challenging to show that the defendant doctor or nurse was the cause of injury that the plaintiff is claiming for.
We work with our medical experts to establish a clear link between the defendant’s negligence (failure to meet the standard of care) to show that the defendants conduct is the legal cause of your injuries.
Our goal is to build the strongest case possible so we can win the compensation you deserve for your medical malpractice injuries.
What Are Common Types of Medical Malpractice Claims?
There are many different types of medical malpractice. Some of the most common types in Nova Scotia include:
- Delayed diagnosis or misdiagnosis;
- Failure to properly treat the condition;
- Birth injuries;
- Surgical mistakes;
- Prescription drug errors;
- Anesthetic errors;
- Failure to recommend and order proper testing;
- Not informing patients of risks involved with procedures;
- Premature discharge from the hospital;and
- Misread lab test results.
If you believe you have been injured as a result of one of these mistakes, you may be entitled to compensation. Discuss your legal rights with our medical malpractice lawyers today.
How Much Time Do You Have to File A Medical Malpractice Lawsuit in Halifax?
There are laws that limit the amount of time that medical malpractice victims have to take legal action. In Halifax, and the rest of Nova Scotia the statute of limitations for medical malpractice cases is two years from the date you became aware of the injury.
This means that a victim typically has two years from the date the malpractice was committed to file a medical malpractice lawsuit. However in some cases, the two-year time period will not start until the date the victim discovered their injuries. This is especially common in misdiagnosis cases, where patients are not aware they were misdiagnosed until they are properly diagnosed by another doctor at a later date.
For example, say you were misdiagnosed by a doctor on January 1st. You did not realize that you were misdiagnosed until you sought a second opinion from another doctor several months later on March 1st. In this case, your two-year time period will not begin until March 1st since you were not aware of your injuries until this date.
If you file a lawsuit after the statute of limitations has expired, you will most likely lose the right to recover compensation for your injuries. Don’t wait until the last minute to take legal action. The earlier you begin, the better.
Free Book About Medical Malpractice Claims
John McKiggan is the author of the first Canadian public legal education guide about medical malpractice claims. Click on the link to get a free copy of Health Scare: The Consumer’s Guide to Medical Malpractice Claims in Canada.
Schedule A Free Case Evaluation With Our Medical Malpractice Lawyers Today
Have you been injured by a negligent healthcare provider in Nova Scotia? If so, we would suggest you consult the skilled medical malpractice lawyers at McKiggan Hebert as soon as possible. Focus on treating your injuries and making a full recovery while our experienced lawyers aggressively pursue the compensation you are entitled to by law. We will work tirelessly to ensure you are fully compensated for your medical expenses, lost wages, pain and suffering, and more.
Tell us more about your medical malpractice case during a free consultation so we can help you understand your legal options. To schedule your free consultation, call our law firm at 902-423-2050 or fill out the form on this website.