Can Medical Malpractice Claims be Due to Misdiagnosis of Neck or Back Pain?

Most of the Canadians suffer with neck or back pain and that is why statistics show that over 70% of the adult population has experienced it and sought treatment for it. Usually the neck or back pain is self-limiting and no cause is found for the physical condition. It resolves on its own, over time. Many physicians prescribe pain medication for the aches and chronic medical conditions. Usually the pain subsides over time and the related health conditions improve.

However, the fact is ignoring the pain does not help as neck and back pain are one of the most common symptoms of chronic and serious health conditions. If the doctor fails to recognize the symptoms and assess the pain as a normal condition, it can lead to potentially serious complications. That is why it is important to consult a lawyer of a wrong diagnosis has been given and it has led to further complications.

Differential diagnosis

This is a procedure that is taught to doctors to be able to differentiate between diseases with similar symptoms, which may help them diagnose better. The purpose of this diagnostic method is that it helps to identify life threatening conditions. All symptoms and possibilities are eliminated to help reach a conclusion on the diagnosis.

Elimination procedure

It is by the process of elimination that the diagnosis is done. The doctor obtains a lot of information and creates a checklist of potential conditions and ailments. This will help them pinpoint the symptoms and signs of medical conditions that the patient suffers with.

A common ailment that is missed is Cauda Equina Syndrome (CES), a neurological condition which has a prominent symptom of back pain. It causes paralysis as the nerve cells get compressed. If diagnosed in time, surgery can help but if the doctor misses the symptoms, it can lead to debilitating disability and paralysis. This will then create a case for medical malpractice. Other aspects and diseases that doctors miss include renal ailments, fractured spine, variants of bone cancer and spinal cord infections. It is important for doctors to look for signs of infections like fever and increase in the white blood cells.

If you or a loved one has been misdiagnosed about a disease by the doctor, that led to further complications, it is important to connect with a personal injury lawyer that deals with medical malpractice cases. It is important to file for a claim as quickly as possible after you realize the malpractice.

The experienced lawyer works on a contingency basis, but there will be additional expenses which you will have to pay for record gathering and medical opinions. This ranges from $5000 to about $15,000. Once the medical case enters the boundaries of the court, confidentiality and privacy of the medical records and details is off. It is public domain then on.  Thus, it is best to check out of the hospital or treatment facility before suing the doctors.

All You Need to Know About Long-Term Disability Claims

There are many instances when you are left injured and disabled, without employment after an accident. To help you through this difficult time, plenty of insurance companies offer benefits of long-term disability which are a part of the employment benefit package.To ensure that you need to fulfill the eligibility criteria of ‘total disability’ before you can be compensated for the claim. This means that you are unable to fulfill the regular duties and go to work because of the injuries and illness. However, it does not mean you are incapacitated completely but it signifies that you need to rest and recover to lead a better quality life. This includes any employment even something that you can do.

The insurance company will conduct a complete examination apart from looking at the previous medical documents and reports to ensure that you do meet the total disability criterion. If the examination indicates that you are disabled for years or months, you will qualify for long term disability claims. You need to know that this claim benefit is different WSIB insurance that covers injuries and accidents.The disability claim ensures that you get a part of the wages till you return to work. Disability insurance ensures that it covers all illness and injury that prevents you from working, irrespective of when the accident occurred. As employment insurance covers your expenses in the first 119 days and the long term disability takes on from the 120th day.

Additionally there are many people that get access to benefits of short-term disability to tide over the period before the long term benefits start.  This lasts till the individual is 65 years, but it is not necessary. Most of the recipients get evaluated every 2 years while the criterion of ‘total disability’ changes over the years.

Reasons to deny claim

There are number of reasons for a long term disability claim to be denied. These can lead to court cases and disputes. These are:

  • Lack of evidence of disability: This ensures that the insurance company was not able to measure and diagnose the level of disability. As pain is not objective but subjective, it becomes a ground for such disputes.
  • Lack of restrictive injury: This limits your ability to work and the insurance company assesses that your illness/disability does not have total disability. This can lead to error by the insurance company does not understand the nuances of your job.
  • If you are not disabled: If the insurance company does not consider your disability as total, your claim will be rejected. Surveillance by insurance company can be an important reason to prevent fraud. It is important that personal injury lawyer, is consulted before the appeal process begins.

Most claims come under the purview of Statute Of Limitations which is two years from the time of disability or accident that led to the current health conditions. It is better to hire the services of an experienced lawyer before you file the disability lawsuit.

Why Dog Bites Are Covered Under Canadian Tort Laws?

While dog bites may be somehow rare, they tend to happen a lot more than you think. However, it’s important to note that the legislation which governs these particular types of accidents is fit within the Dog Owners’ Liability Act. It governs the accidents over the province of Ontario and therefore in the city of Lindsay. This is an act which puts clear definition and limitations of the responsibility which is carried out by the owner of the dog in the event in which said dog does damage to another person and/or to another pet. The responsibility is incredibly broad and it is definitely a sign that the legislation takes the matters seriously enough.

It is notable that the liability of the owner is present even if he is not. This means that if you have left your dog unattended and at that period of time it attacks another person you are going to be held liable even though you weren’t physically there. The solution is incredibly fair because dog bites are grave and disturbing and they can cause a lot of pain. This means that the responsibility of the owners should be according to that. As per tort laws, the level of injuries covered under it govern the amount of compensation.

Govern duty of care

At the same time the law sets forth clear legislative rules which govern the duty of care which the owner is responsible for. He must take all necessary precautions in order to prevent any potential mishaps involving his dog. This means that he must do whatever he possibly can to prevent his dog from biting or attacking other people. In fact, the bite is not even a requirement for grounds for a legal case. The simple attack could cause enough emotional traumas to the victim and it could serve as merit for filing a compensatory claim against the owner.

However, it’s important to note that there is also a certain limitation on the liability of the owner. This is provided by the institute of so called contributory negligence. Even though the law assumes that the owner was negligent in the event of the attack, it is also possible that the attacked party has also contributed for the bite. If a person has aggravated the dog so much that it causes the attack and respectively the damages, his compensation is going to be reduced according to his share in the negligence. The judges have to determine this in every single case individually but it is a subject of proving and it could just as well serve as a defending tool for the dog owner. Nevertheless, it’s not easy proving that the other people have contributory negligence because it’s not as easy to classify a behavior as negligent, especially in the victim.

Injuries Related To Severity Of A Car Crash

The fact is that most people in Canada are killed by car crashed than by anything else. Recent statistics brought up by the Provincial Police of Ontario state that the majority of accidents tend to occur due to the fact that drivers have been distracted. The reasons for this can be numerous such as texting, talking or emailing someone on your handheld mobile devices – the smart phones. It’s also important to note that this causes more deaths than impaired driving, driving under the influence or even driving with a speed above the speed limit.

This is why the legislation is constantly moving in a direction which brings up the charges related with distracted driving. As of June, 2015, everyone who is pulled over for using a handheld device can be fined with as much as $1,000. Another thing that is enacted is the possibility for the driver to be deprived of 3 demerit points on his license which is also rather fair. The fact is that the legislation should be strict when it comes to driving accidents. The fact is that they kill more people than anything else and awareness should be promoted.

In fact, it should be promoted amongst the younger audience because younger and inexperienced drivers are much more likely to get distracted by their mobile devices. The usage of hands-free systems is heavily encouraged as it’s currently the only option to legally use your phone and talk on it while driving your car. Your other option under the current Canadian legislation is to pull over and have your conversation while the car isn’t running.

It’s also worth noting that the legislation is definitely getting stricter. However, other precautions should also be taken in order to make sure that the numbers of car accidents actually goes down because right now it’s just the opposite. Police patrols should be present on the roads with a lot of traffic in order to provide regulation. Most of all, people should start taking responsibility for their own actions. There are a lot of campaigns undertaken and initiated by the Department of Justice in order to show people how serious this actually is.

A car accident can literally lead to any kind of injury. This includes severe brain trauma and spinal cord injuries as well as other kinds of dangerous orthopedic injuries and even death. Serious car crashes often lead to permanent disabilities and terrible disfigurements which can make the rest of the life of the victim incredibly complicated and uncomfortable. The fact is that the cases involving car crashes are demanding and they require a great deal of expertise on behalf of the lawyer in order to get the most out of the compensation.

How Serious Are Slip and Fall Injuries?

Even though when most people hear about a slip & fall accident in the city of Kitchener they think of something harmless which is rather a joke, the situation can get very serious. While it’s true that most of the cases only end up with damages on the ego of the victim, there are some incredibly severe injuries which could be suffered in an accident of this particular type. The prime example involves blows to the head and the respective brain trauma. It is also worth noting that spinal cord injuries are also an ever present danger when it comes to slip & fall accidents.

About Occupiers’ Liability Act

The act that governs this particular type of accidents is called the Occupiers’ Liability Act. It was consolidated back in 1990 on the 31st of December and it hasn’t been amended ever since. This speaks to the stability and longevity of the act and the way that it serves the needs of the law. The act is obviously put together perfectly because the fact that it hasn’t been changed means that it serves the needs of the public. This is ultimately what’s most important in the legislation because every single law should be made out with the needs of society as its prime concern. On top of that the legislation should be versatile and flexible because the aforementioned needs change constantly. This means that the law should be able to meet the new demands of society or it would have to be changed. The fact that this particular Act hasn’t been changed for over 25 years clearly states that it is doing a great job adapting to the new trends and tendencies.

The law clearly defines who can be held liable in cases of this particular type – the occupier. The occupier is a term which could be interpreted as an owner or as a tenant, e.g. someone who has the legal responsibility to take care of the premise. A premise in the current act is considered any kind of construction which allows people to enter and stay on it. The accidents can occur while entering or while staying and for that matter even while leaving the premise.

The occupier owes the so called duty of care which requires him to do everything possible in order to provide reasonable safety for the people on his premises. The key term here is reasonable because it’s impossible to provide them with something beyond that. The act also recognizes that the liability can be limited if the person takes a willing risk even though he is well aware of the fact that it could lead to an accident. The solution is rather fair. However, after the accident, irrespective of whether you are the victim or on the other side, having a lawyer in your corner helps.

Filing For the Right Damages

Personal injury law is versatile and broad. That’s a fact. The reason for this is because it encompasses a large variety of possible causes that could lead to a case of that particular category. At the same time the cases themselves pose a great interest because there are different ways that they could develop into. Right of the bad, it’s important to understand that every province in the country of Canada is capable of coming up with its own particular legislative provisions which are going to be applied on its territory. This is particularly interesting but it’s also important to note that these provisions can’t contradict to the governmental statutes. However, this suggests that the city of Kitchener is going to be governed by the rules set forth by the province of Ontario.

Filing a compensatory claim for damages suffered in an accident is definitely not something that should be taken lightly. You can claim both physical and emotional damages as the law doesn’t make a difference between them when it comes to having merit for a case. However, the amount of compensation which is to be expected is greatly different. While there are currently no limits to your claim when you are seeking compensation for your pecuniary damages, a ruling of the Supreme Court of Canada issued back in 2004 makes it pretty clear that non pecuniary damages can be as much as $300,000. This means that you should fir your claim somewhere in the range between $1 and $300,000. However, if your claim is for more money than this, the court must reduce it accordingly.

Types of damages

Pecuniary damages can be based on documents. In fact, that’s the only way to prove that they have actually incurred. You should keep your medical bills, apothecary receipts and basically every single piece of document which states that you have made expenses in relation with your damages and their recovery. These are the only pieces of documents which you could use to prove that you have actually made those expenses.

Non-pecuniary damages on the other hand can’t be based on particular documentation. These are the so called pain and suffering and it should be based on things which are quite different from documents. For instance, the most common way to prove non-pecuniary damages is to call up a specialist to the stand who is then going to testify that the patients’ condition is indeed worse. The judge has to take these testimonials into consideration and come up with a discretional ruling every single case individually. Non pecuniary damages are incredibly important and they should be taken with the greatest care. Proving them is definitely not easy and a lot of effort should be made in this regard. Working with a good lawyer should be the first step to seek justice.

Know More About Statute Of Limitations In Injury Cases

Personal injury law is an incredibly vast area which envelops a lot of possible causes that could lead a case to be put into this particular category. This is because it involves characteristic behavior of a person which has to be negligent and it has to cause other people injuries. As a result, the injured has the legal right to claim compensation through a claim and the court. The claim should be addressed towards the perpetrator and it should demand a certain monetary compensation for the damages that he had to incur. Of course, it’s really not as simple as it may sound.

The claim has to be properly addressed. The city of Kitchener is within the boundaries of the state of Ontario in Canada, which means that the provincial law is going to take precedence over the governmental laws. As per the procedural regulations set forth in the regional legislation, the claim should be filed in the court on the territory of the city in which the accident has happened. Unlike Contractual and Common law, where the competent court is going to be the one located where the current residency of the defendant lies.

Other important things to be considered when dealing with personal injury claims are preclusive terms. These are such terms which are stipulated within the lawful regulations which demand that a certain legal action is taken in a certain period of time, pre-determined by the law and stipulated in a statute or an act. This is a fair solution and even though there aren’t many preclusive terms, they truly bring a lot of advantages because they help to move the whole procedure a lot faster.

However, the most important act is called the Statute of Limitations and the terms stipulated by it, are preclusive. This means that the right is going to be precluded once the term within which it had to be exercised passes. However, the court is not obligated to follow preclusive terms and in order for it to take effect the opposing party should make an objection and expressly state that the term has passed.

The different injuries derive from different accidents and the laws that govern and regulate them are also various. For instance all kinds of dog attacks and bites which have led to a certain injury of a third party or another domestic animal are regulated by the Dog Owners’ Liability act which puts the responsibility of the owner within certain limits. Another example for an act governing a large part of personal injury cases is the Occupiers’ Liability act which governs accidents related with slip and fall mishaps which are probably one of the most common reasons for compensatory claims in the city of Kitchener.

Are personal injury claims different from insurance claims?

Even though it may seem like there are a lot of causes for personal injury claims in the city of Milton, and in reality – there really are, it is important to set them aside from insurance claims which are something completely different. There are three important legal premises which are set forth in the Common Law of the country of Canada and as such are enforceable on its territory and in every state, despite of the provincial laws. In order for a case to be considered as a personal injury material the incident must include negligent behavior, damages and a causality link.

Obviously the most important thing of them all, are the damages because they would be subjected to compensation. Ergo, if there are no damages the claim won’t have merit because there won’t be anything to seek compensation for. However, the damages discussed can be either physical, emotional or both. Even though the law differentiates them as pecuniary and non-pecuniary, in reality the general differentiation is based upon the fact whether or not there are visually comprehended by third parties. Physical damages are going to leave a mark on the tissue of the person which can be perceived by other people, whereas emotional damages are impossible to be seen and they are assessed in each case discretionally by the court. This suggests that the assessment of physical damages is based upon selected documents which serve as proof and the assessment of emotional trauma is based upon the discretion of the court.

Going further, the second legal premise which serves as grounds for filing compensatory claim is called negligent behavior. As per the current Canadian legislation, enforceable in the city of Milton, negligent behavior is this which is breaching some particular legal provisions, most commonly the duty of care, and it is not constituted as criminal. The negligent behavior is also incredibly important because without it you are going to be in front of a simple insurance claim where the Rules of Fault Determination would take over and the compensation will be distributed as per them.

The third thing that is required by the Common Law of Canada is the so called causality link. This implies that the negligent behavior is the only and direct cause of the damages and without it the latter could not have occurred. Failing to prove this may lead to some serious procedural complications and possible dismissal of the case. This is why it is incredibly important to be well aware of the factual and circumstantial situation and environment surrounding the case in order to prevent any further surprises. These three legal premises formulate the core of a personal injury claim and losing or failing to prove each one of them is likely to get your case dismissed.

Does Civil Misconduct Come Under Tort Law?

Personal injury law derives from a larger institute of the law which is commonly referred to as tort law. However, tort law refers to every single case of civil misconduct and in order to narrow it down, the personal injury law only relates to causes which involve negligent behavior. Such causes include motor vehicle accidents, slip and fall, motorcycle and pedestrian accidents, public transit accidents, dog bites as well as product liability. Some of the most common injuries caused by incidents of this particular regard include traumatic brain and spinal cord injuries as well as a variety of different orthopedic injuries.

The injuries can be both emotional and physical and the law of the province of Ontario, located in Canada, likes to categorize the injuries in two particular, main kinds. The first one is commonly referred to as pecuniary damages which are also known as special damages. Now, the most important factor that should accounted for is that the amount of these damages that is due compensation is solely based upon documentation. Prove of the amount of pecuniary damages may include medical bills, apothecary receipts, contracts with rehabilitation facilities and many more.

However, pecuniary damages are special in a way because they envelop a part of the incurred damages which are not actually suffered as a direct result of the injury. This refers to a stipulation in the Family Act of Canada which empowers family members to file compensatory claims on personal behalf of the injured without having to be specifically authorized to do so. However, the damages which are most commonly claimed are based on the loss of income. It is difficult to seek treatment and pay medical bills without a source of income.

Basically, whenever someone suffers from a serious accident and he is unable to recover quickly enough, his salary and respective monthly and yearly income is going to be reduced. The employer has the full right to do so because his labor contract clearly states other working conditions and requirements which the injured person cannot fulfill. This results in a loss of income for the whole household. However, it is very important to take into consideration the money which has already been paid by the insurance companies and other social structures. Make sure that you are not claiming anything in excess because you are not entitled to it.

One of the general principles of the Canadian Common Law states that no one is entitled to more than he has actually lost and receiving it would be subject to appeals and eventual return. This will only increase your legal charges and expenses and will make your case harder. That’s why it’s important to account for these things prior to filing your claims. Make sure to run these things by the personal injury lawyer that you have set your sight on in the town of Lindsay.

Legal Repercussions of Slip and Fall Injuries

The city of Kitchener is located within the boundaries of the state of Ontario in Canada. This automatically suggests that the Provincial laws of Ontario are going to take preference over the governmental statutes set forth in the country of Canada. However, the important thing to know is that the variations are incredibly slight and they are unlikely to change a ruling. However, there are certain things that are different and personal injury lawyers should be careful not to get them confused.

One of the most common causes for a personal injury case is a slip and fall accident. There are a lot of interesting things in regard to the legal matter of the case. On first sight a slip and fall accident may seem like nothing that is concerned by the law because it apparently shows negligence on behalf of the injured because he didn’t watch his steps. However, there is general legal principle which lies within the provisions of the Common Law in Canada, which clearly stipulates that every owner or occupier, who is a tenant for the most parts, is legally required to take all the necessary precautions to ensure that his property does not cause harm to any third parties or other buildings. This is a fair solution but it has nothing to do with personal injury law.

This is where the more particular and precise Occupiers’ Liability Act comes into place. The regulations set forth in this particular law are fully enforceable in the state of Ontario and therefore in the city of Kitchener. The Occupiers’ Liability Act provides regulations which supersede the general duty of care which are derivative from the legal principle set forth in the Common Law. The behavior that the owner and respectively the occupiers owe pursuant to this act is more strict and wide. They must ensure that upon entering the establishment the clients are not going to get hurt. The same is in full force for the event in which they are leaving. As you can see the responsibilities and the duty of care are both wider and demand a particular behavior – the ensuring of precautions.

This is why if someone slips and falls in a commercial establishment, for instance, and there is no sign that alerts the customers of the possible dangers, the owner or the occupier are going to be fully liable for the damages that the injured party had to incur. It is important to note that loved ones of the injured can also file claims on behalf of him without having to be explicitly and particularly authorized to do so. This provision derives from the Family Act which allows family members to claim particular damages exclusively without authorization or power of attorney. It is best to talk with a legal firm to get an accurate evaluation on your case.