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Medical Malpractice Lawyers in Halifax

Serving Nova Scotia, New Brunswick, Prince Edward Island and beyond for all Medical Malpractice and Negligence Cases

Wagner’s – Your medical malpractice lawyers – Doing Our Best To Serve Residents of Nova Scotia and Atlantic Canada

We place great trust in medical professionals and the medical system to provide care in a way that promotes our safety and well-being. But sometimes healthcare professionals make errors that can be devastating. A physician, nurse, or other medical professional who acts in a negligent manner can jeopardize the health and safety of a patient and cause life-altering injuries or even death. Medical malpractice cases are technical, complex, and require legal and medical expertise.

The medical malpractice team at Wagners is experienced in this specialized area. Our lawyers offer compassion and quality representation to patients who have been harmed by medical negligence throughout Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador.

If you or a family member have been the victim of medical malpractice, we will listen carefully and determine if there is basis for advancing a negligence claim. This determination usually requires a medical opinion from another health professional.

How Can We Help You?

  • Birth Trauma
  • Cerebral Palsy
  • Brain Injury
  • Genetic Screening for Birth Defects
  • Delayed Diagnosis / Misdiagnosis
  • Spinal Cord Injury
  • Emergency Room Error
  • Surgical Error
  • Diagnostic Error (Radiology, Pathology and Testing)
  • Lack of Informed Consent
  • Medication and Prescription Error
  • Hospital Negligence
  • Wrongful Death

1. A physician-patient relationship, which leads to a duty of care;

2. Breach of the standard of care;

3. Causation (the breach of the standard or care caused the damages); and

4. Damages

As patients, we place our trust in our physicians and the medical system. However, substandard medical care can cause serious and lasting injury to a patient, such as:

  • Cerebral palsy (CP).
  • Erb’s palsy.
  • Infant brain damage and hypoxic brain injury.
  • Surgical errors causing nerve or organ damage and malfunction.
  • Quadriplegia or paraplegia.
  • Misdiagnosis or delayed diagnosis of cancer, stroke, infection or heart attack
  • Death.

Medical malpractice cases are complex and require legal expertise. The Medical Malpractice team at Wagners is experienced and provides compassionate and quality representation to patients who have been harmed by medical negligence throughout Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador.

At Wagner’s, our medical malpractice lawyers in Halifax have broad and extensive experience and a proven track record in medical malpractice and hospital negligence claims. Our team approach provides us with a wide network of medical-legal resources to effectively represent our clients. Our trial lawyers routinely undertake some of the most complex cases in the Maritimes. We will guide and support you through each part of the process and always pursue your case vigorously, with skill, knowledge and experience.

If you or a loved one have been seriously injured by medical negligence or a medical error or you have lost a loved one as a result, our lawyers at Wagners can help you. Call us at 902-425-7330 or 1-800-465-8794 or complete the short online contact form.

Medical Malpractice FAQ 

Medical malpractice is the area of law that deals with the negligence of medical professionals, including doctors, nurses, and hospitals.

Even though medical professionals are highly trained, they can make mistakes.  Not every mistake a doctor makes leads to legal liability.  When determining if a doctor is liable, the court will consider whether the doctor meets the standards of other reasonable doctors in the same field.  For instance, a specialist is held to a different standard than a general practitioner.  You should reach out to a medical malpractice lawyer if you suspect a doctor or other medical professional made an error in your care.  The lawyer will review the facts and advise whether you have a medical malpractice claim.  Suing a doctor is a long and intricate process; a medical malpractice lawyer makes the process much easier.

Simply because the surgery or treatment did not go as expected does not mean it is a form of medical malpractice. The body may react to treatment in a manner that even a qualified doctor would not have foreseen. A lawyer will investigate whether the doctor should have foreseen the risk and warned the patient. After conducting thorough research, your lawyer will advise you on the possibility of filing a successful lawsuit against the doctor.

You and your lawyer are entitled to copies of your medical records.  With your permission, your lawyer will obtain copies of your medical records from health care providers on your behalf.

According to the Limitations of Actions Act, a patient has up to two years from the date of discovering the malpractice to start a civil lawsuit against the medical practitioner.  If the patient is a minor, the two-year period begins when the patient reaches 19 years of age (18 in Prince Edward Island).  A parent or guardian may begin a lawsuit on the minor’s behalf before they reach the age of majority.   

Similarly, if the patient is of unsound mind, the two-year period begins when the patient becomes mentally competent. 

In the event of a death, the family has one year to bring a claim.  If you fail to file a lawsuit within the applicable time limit, you may lose the right to sue.  You should contact a lawyer as soon as you discover medical malpractice to give them ample time to investigate your case.

Wagners’ medical malpractice lawyers work across Atlantic Canada. In most circumstances, patients sue medical professionals where they received the medical services.  However, in some unique cases, the Court may allow a patient to file a claim in their home province for services received elsewhere.  You can discuss this with your medical malpractice lawyers to determine the most appropriate Court for your matter.

In a medical malpractice claim, the Plaintiff must prove three elements of negligence: 1) the medical professional’s care fell below the standard of a reasonable medical professional in similar circumstances, 2) that substandard care caused injury, and 3) serious and substantial legal damages.  Medical malpractice claims rely on medical experts to prove each element of a claim.  These matters are complex and long; we recommend seeking legal representation by experienced medical malpractice lawyers to get you through your claim.

Courts can award monetary damages in the event a patient’s claim is successful.  Nurses, hospitals, and other medical professionals are insured for these circumstances.  Doctors have their own coverage provided by the Canadian Medical Protective Association, which acts similarly to an insurer.  The medical professional will receive legal representation, and their insurer will pay your damages in the event of a successful claim. Medical professionals do not lose their license or pay out of pocket for your claim.  Their insurance provides coverage in the event they make a mistake and injure a patient. 

Courts do not have the authority to remove a medical professional’s license.  However, you may file a complaint with the medical professional’s licensing body, such as the college of physicians or the college of nurses.  These organizations grant licenses, and have the authority to order education, fines, and revoke licenses.  They will investigate your complaint to determine the appropriate response.  This can be done without a lawyer, but speak with your lawyer first if you are also contemplating litigation through the Courts.

Wagners has experience working with a wide variety of medical malpractice claims, including birth trauma, spinal cord injuries, and brain injuries.  Our experienced lawyers understand the medicine required to pursue these complex cases.

Birth trauma occurs when a baby suffers serious injuries during labor and delivery.  Common birth injuries include hypoxic-ischemic encephalopathy (HIE), cerebral palsy (CP), and brachial plexus injuries (BPI).  If your child has suffered from a birth injury, they may be entitled to compensation. These claims are complex and costly, requiring in-depth knowledge of the medicine at play.  Wagners’ medical malpractice team is experienced in navigating these complicated matters.

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