Are Doctors Always in the Wrong in Medical Malpractice Cases?

Personal injury lawyers in Hamilton would usually specialize in one or a few particular fields of expertise as the entire area of the law in this regard is rather vast and broad. That’s why by focusing on something more precise the attorney is capable of providing far better legal advice which is essentially his duty. However, medical malpractice in Ontario poses a great deal of interest. The reason for this is quite obvious – there are numerous medical establishments and thousands of people being admitted on a daily basis. This leaves the doors wide open for mistakes in the practice which could potentially cause severe complications and that’s where the personal injury lawyer steps into the picture in order to provide the patient with the representation he needs in order to get the proper and fulfilling monetary compensation.

However, the most important thing that has to be taken into consideration when discussing medical malpractice is that it’s broad. There are a lot of different fields of the medical profession and they all have a wide margin for error. This doesn’t mean that every doctor’s mistake is punishable. In order to have merit for a medical malpractice lawsuit, the injured party has to have sustained damages which have been caused negligently. Conversely, the doctors pay a fee to be a member of Canadian Medical Protective Association (CMPA) that offers insurance cover and the right to represent in medical malpractice cases.

Decision on the liability

Doctors and other healthcare workers in the hospital owe a far broader duty of care to each and every patient who has been dully admitted in the medical establishment that they work in. This is why if the doctor willingly and with aforethought breaches this particular obligation he would be liable for all of the damages sustained by the patient as a consequence. The solution is incredibly fair and it has the sole intention of providing protection to the patient as he is in the most vulnerable position, incapable of protecting his own interests in Hamilton.

Furthermore, the entire medical profession is built upon the principle of the greater care and it’s the medical workers’ obligation to act upon this principle. However, if it’s breached and this causes damages – the patient would be capable of filing a compensatory claim for the sustained damages and the truth is that he is likely to win the claim. Courts in Canada and specifically in Ontario are inclined to honoring claims of the kind as there is a lot of publicity involved in some of the cases. Furthermore, the courts are inclined to protect the interest of the ordinary person as in the majority of situations the negligence is going to be apparent and obvious. While not every case is a sure thing, most of them are and that’s why a lot of attorneys would prefer to have their specialization in this particular field of expertise. If you have a similar case, contact the personal injury lawyer today.

Understanding Catastrophic Impairment in Personal Injury Law

Ask any personal injury lawyer that specializes in motor vehicle accidents in the cities of Brantford, and Hamilton what the most serious claim is that they have faced in their careers and they will probably tell you that it’s claims for catastrophic injuries.  Under Ontario Provincial personal injury law, “catastrophic” has a special meaning in regards to motor vehicle accident claims.  Consequently, these cases are oftentimes very complex and difficult to interpret.

Catastrophic Impairment

The legal definition of catastrophic impairment in Ontario Province is found in the SABS (Statutory Accident Benefits Schedule), clauses 2(1.2) (f) and (g) and could mean any one of the following:

  • amputation and permanent loss of using both arms
  • amputation and permanent loss of using one arm and one leg
  • brain impairment resulting from traumatic brain injury
  • paraplegia or quadriplegia
  • total vision loss (both eyes)

Unfortunately, the number of catastrophic injuries and catastrophic impairment cases has been steadily increasing over the past 5 years.  These injuries typically result in extensive medical care, long-term recovery periods, special therapies, and more.  As a result, a growing number of personal injury claims for compensation have occurred in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area.

Common Causes

There are a number of reasons that individuals sustain catastrophic injuries, especially accidents that involve the following vehicles:

  • ATV’s and dirt bikes
  • motor vehicles
  • motorcycles
  • slips and falls
  • snowmobiles

If you sustained catastrophic injuries in an accident involving any of these and this was caused by another person’s carelessness, negligence, or recklessness, you may be entitled to compensation.  Your best course of action is to consult with an experienced personal injury lawyer.

Assessing Compensation for Your Claim

If your injuries are deemed catastrophic and meet the legal definition, you’ll be entitled to a larger amount of compensation.  According to the No-Fault Benefits Schedule, the finding of catastrophic impairment resulting from catastrophic injuries can significantly enhance the amount of benefits that you are entitled to.  This includes:

  • Attendant care benefits of up to $1 million over the injury victim’s lifetime
  • Caregiver claims of up to $250 weekly plus $50 per dependent
  • Home maintenance and housekeeping benefits of up to $100 weekly
  • Medical and rehabilitation benefits of $1 million over the injury victim’s lifetime

This is oftentimes referred to as the “upper tier” of benefits and the access to it is crucial in catastrophic injury impairment cases.  However, these claims will most certainly result in the insurance companies disputing them.  If you or a loved one has sustained injuries that are deemed as catastrophic, consulting with an experienced personal injury lawyer in Brantford, Cambridge, Hamilton, or any other city in the Greater Toronto Area may be your best option for receiving the benefits discussed above. You can look online or get a reference to hire one of the best attorney in the city for helping you get justice.

The Most common Injuries sustained in Slip and Fall Accidents

One of the more common personal injury claims that occur throughout Ontario Province result from slip and fall accidents.  This is especially true during wintertime when ice and snow frequently builds up on Brantford, Cambridge, and Hamilton driveways, parking lots, sidewalks, and other public walkways.  While they seem minor in nature compared to other injurious circumstances, people are seriously injured in slip and fall accidents.  In fact, some of these accidents can be permanently disabling and even fatal.

There are a number of different hazards that can result in serious injury such as icy or wet surfaces and poorly maintained flooring.  Sometimes the injuries that are sustained in slip and fall accidents can adversely affect your quality of life.  Needless to say, it is crucial for property owners to keep the inside and outside of their properties as safe as possible.  From a legal standpoint, municipalities and property owners must maintain hazard-free, safe properties. Thus, if you haven’t been doing that, as a property owner, it is time to adhere to the nuances of law.

Common Injuries resulting from Slips and Falls

Among the many injuries that result from slip and fall accidents in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area, head injuries are among the most common.  Falling and hitting your head on the asphalt, cement, or ground can cause a traumatic brain injury.  Injuries of this type can change your life permanently.  Furthermore, many head injuries oftentimes result in long-term recovery and rehabilitation.  There have also been cases where the injury victim developed long-term behavior, memory, mobility, and thinking problems after sustaining a head injury.

Back, neck, and spine injuries (e.g. broken backs, slipped disks, etc.) are also a common result of slip and fall accidents.  Over time, the injured individual may have difficulties returning to their jobs due to chronic pain or the need for surgical procedures.  In many cases, the elderly are more likely to slip and fall.  There injuries are typically more serious than that of a younger person and on some occasion, the person dies from their fall.

Liability in Slip and Fall Accidents

If a person sustains injuries due to negligence, the property owner may be deemed liable.  It is their responsibility to keep all commercial spaces (i.e. restaurants, retail stores, etc.) safe and free of hazardous conditions at all times.  Broken or uneven flooring, construction hazards, dim lighting, and wet floors can all cause slip and fall injuries.  Consequently, landlords and private property owners must do everything in their power to prevent injuries by keeping their properties safe at all times.

If you or a loved one sustained serious injuries in a slip and fall accident in Brantford, Cambridge, or Hamilton, you should consider contacting an experienced personal injury lawyer to evaluate your claim.  It is the only way to ensure that your rights are protected and gives you a better chance of being compensated for your injuries.

Social Media and the Impact it can have on a Personal Injury Case – Part II

Hopefully, Part I of this content was an eye-opener for individuals who have hired a personal injury lawyer or are contemplating doing so.  People are extremely active in social media today in cities such throughout the Greater Toronto Area.  Consequently, it is vital that you use a great deal of caution when you make comments and put up posts on Facebook, Twitter, or any other social media platform that you may be active on. Are you being tagged in other people’s social media channels? That can be equally detrimental. Thus, think before you act.

4 Ways Social Media will adversely impact Your Case

When you are pursuing a personal injury claim with an experienced lawyer, there are 4 ways that your social media activity can literally destroy your case and get your claim denied in a court of law.  Keep the following in mind the next time you are interacting on one of these platforms:

  • Avoid posting photos of you having a good time – case in point; if you are sidelined with a back injury you don’t want to post photos of you and your friends playing a round of golf or water skiing.
  • Don’t sit around playing games on the computer all day – if you have a sedentary job and you claim that your injuries prevent you from doing it, the insurance companies will be suspicious if you are playing games all day on social media sites.
  • Never post photos of the accident, your injuries, or anything else associated with your circumstances – the insurance companies could use this against you and try to deny or invalidate your claim.
  • Stop complaining about your job – if you have historically been an individual who complains about their employer or the type of work you do on a regular basis, the insurance companies may view this behavior as your attempt to discredit your boss or to spend some time off away from the job.

If you are going to remain active on social media platforms, send your comments and photos carefully as if you were posting them to the enemy.  After all, that’s what they truly are.  Remember, they are always monitoring what you are doing on those sites.

Helpful Tips regarding Social Media Use

In order to prevent social media activities from becoming a detriment to your personal injury claim, consider the following measures:

  • Always be honest where your injuries are concerned.
  • Stop and think about what you are going to post.
  • Your social media pages and profile should be private.

Our lives have been forever changes by the internet and social media platforms and in some instances, those changes have not been for the best.  If you are filing a claim for your injuries, be sure to discuss this issue with your Cambridge, Brantford, or Hamilton personal injury lawyer. They are the only ones that can be of assistance.

Social Media and the Impact it can have on a Personal Injury Case – Part I

The use of social media has enjoyed an ever growing degree of popularity over the past decade and there is no indication that this trend is going to slow down anytime soon.  It has become a very common practice for individuals to share their personal information on a number of social media platforms such as Facebook, Instagram, Twitter, and YouTube.  No matter how you look at it, there is an amazing, if not alarming amount of personal information drifting about in cyberspace.

Impact of Social Media

It goes without saying that social media has impacted the way we connect and interact with family and friends.  Not only that but it has influenced the approach that insurance companies take with personal injury claims in cities such as Cambridge, Brantford and Hamilton as well as throughout Ontario Province.  So if you and your personal injury lawyer have already filed a claim, you need to look at how much you use social media and consider the impact it could possibly have on your particular case.

As a personal injury lawyer in any of these cities will tell you, there has been an ever increasing use of social media as an investigative tool by the insurance companies.  Basically, they are using these different platforms to obtain and use evidence against you in your lawsuit.  Judges and juries will oftentimes rule against the plaintiff if the insurance company presents social media evidence that demonstrates your claim may be fraudulent or plants a seed of doubt in their minds.

Insurance Companies will Investigate You

So how do the insurance companies use the comments you make (your posts) in social media platforms? Here’s an example.  Let’s assume for the moment that you have been injured in a motor vehicle accident.  First and foremost, the insurance companies are driven by the profits they make.  Consequently, they invest a portion of their resources in attempting to block personal injury claims in Brantford, Cambridge, Hamilton, and other cities in the Province.

They employ a great deal of investigating if they suspect that a claim is fraudulent or to find grounds for denial.  The insurance companies will spare no expense when it comes to this and will pay private investigators for their surveillance talents.  As a result, a PI will dig into your background information, medical records, and so on to help out the insurance companies.  The bottom line is that insurance companies have an easier time investigating claimants thanks to social media. That is why it is best to stay off social media or at least ensure that there isn’t anything that can jeopardize your claim.

So it is very important to understand how your activity on these different social media platforms can adversely affect your personal injury claim in Brantford, Cambridge, and Hamilton as well as other cities.  Part II will provide more important information about the negative aspects of using social media.