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Medical Malpractice

No-Win No-Fee Help for Medical Malpractice Claims

The affordable way to seek compensation for medical malpractice

When facing a medical problem, we all rely on medical professionals for our care. Unfortunately, mistakes do occur. If you have been the victim of a medical error, you may be prevented from enjoying a normal life, unable to work, to earn a living or even have expenses for ongoing rehabilitation and medical care. In these cases, you may be entitled to compensation.

Should You Contact A Medical Malpractice Attorney?

Quebec law protects you against any error, omission or negligent act experienced as a result of treatment provided by a healthcare professional. If you have experienced one of the following medical errors, or a similar incident, you may be entitled to legal recourse:

  • Failure to diagnose a medical condition
  • Misdiagnosis
  • Failure to treat a medical condition
  • Failure to protect from infection
  • Medication error
  • Wrong-site surgery
  • Wrong-patient surgery
  • Anesthesia error
  • Negligent prenatal care or negligence during childbirth

How Legal Logik’s Medical Malpractice Attorneys Can Help

At Legal Logik we help the victims of medical malpractice seek just compensation effectively and affordably. Legal Logik’s medical malpractice attorneys can help defend your rights and will work with you to seek fair compensation for the damages suffered, including:

  • Lost wages
  • Medical expenses
  • Psychological or emotional harm, stress and/or trauma
  • Pain, suffering and loss of enjoyment of life
  • Inability to care for yourself or family members

“Many victims of medical malpractice do not take legal action,” says Legal Logik attorney Jamie Benizri. “They may be entitled to compensation but are afraid of the effort and cost involved. That is why we offer a caring approach and a billing model that is intimately linked to results.”

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What Makes Legal Logik's Medical Malpractice Attorney's Different

Individualized Legal Services

We work with you in a collaborative relationship providing services tailored to your needs. Together, we’re a team, working to get the results that matter to you.

Results-Based Billing

Simply cover the costs and disbursements required to handle your file and a success fee if we obtain a favourable settlement.

A Proven Track Record for Results

Our attorneys have successfully helped countless clients resolve situations involving hidden defects, obliging the seller to make repairs or obtaining a favourable settlement.

Personable Service

We work with you in a collaborative relationship providing services tailored to your needs. Together, we’re a team, working to get the results that matter to you.

Questions? We've Got Answers!

Can you file a medical malpractice suit against someone other than a doctor?

Yes. A medical malpractice suit can be filed against any individual or facility that provides healthcare and has violated the acceptable standard of care, either intentionally or as a result of an error, omission and/or negligence.

When you meet with a Legal Logik attorney, we will evaluate your situation, taking into account all documents you have, including your medical records, and determine if you have grounds to file a lawsuit, and if so, who the suit should be filed against.

How do I know if I have a medical malpractice case?

In general, you may have grounds for a medical malpractice suit when the following have occurred:

  • The medical professional or establishment was providing a recognized medical standard of care.
  • You suffered physical, emotional or psychological harm.
  • The harm was caused by the medical procedure, professional and/or establishment.

How do I obtain my medical records?

Under Quebec’s Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information, you have the legal right to access your medical records.

In a public healthcare institution in Quebec, the request for access to your records must be provided in writing and signed by you. Government issued photo ID must also be provided.

By law, the institution must respond to the request for access as quickly as possible and provide your medical records to you free of charge (though the institution can charge reasonable fees for transcription, mailing and copies of all or part of the record).

In a private clinic, the same rules apply. The clinic has up to 30 days to respond to your request.

What is "informed consent”?

Before performing any procedure, all health professionals are required by law to advise patients on the procedure that is to be performed and disclose fully any and all the possible risks associated with the procedure. In the case that a health professional fails to properly inform you and the procedure causes you harm, you may have grounds for a medical malpractice suit.

Is a misdiagnosis malpractice?

If a doctor, nurse and/or any other healthcare practitioner provides you with an incorrect diagnosis, either by error, omission and/or negligence, which prevents the proper treatment of your illness, and/or results in unnecessary physical, emotional or psychological harm to you, you may have grounds for a medical malpractice suit.

An attorney will need to review your case and all supporting documents, such as your medical records, to be able to provide you further guidance

How much of a settlement can I expect to receive?

As every case and injury is different, there are a number of factors a judge will use to determine whether you are entitled to compensation, and if so, how much. In general, if it has been proven that you suffered harm due to the actions or negligence of a medical procedure or facility, the judge will look to the following factors to determine the amount of the settlement to be awarded:

  • Degree of physical, psychological and emotional harm
  • Lost wages
  • Loss of future income
  • Compensation for family members who provide care to you

Should I talk to the insurance company before I talk to a lawyer?

We recommend you inform your insurance company and speak to a lawyer at the same time. Your lawyer can evaluate your case, advise you of your legal rights and help you understand the possible recourses that are available to you. Your attorney can also communicate with your insurance company on your behalf, saving you from hassles and headaches and ensuring your rights are respected.

You attorney can also communicate with your insurance company to advise them of any injury you’ve suffered as the result of a medical procedure to avoid any delays in your coverage.

What is the cost of your services for a medical malpractice case?

We offer a free consultation to allow you to speak with an attorney and receive answers to your most important questions at no charge. We will evaluate your case, advise your rights and help you understand how we can help.  

During that consultation, we will also discuss your budget and let you know what method of billing is available. For certain medical malpractice cases, we offer success fee billing, which means you only pay a percentage of a funds you receive if we are successful in obtaining a settlement for you.

Please note that for a medical malpractice case, you may have to undergo an independent medical exam and cover any associated costs.