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Surgical Malpractice

When we go to the hospital for surgery, we trust surgeons and their assistants to perform the procedure to the best of their ability. However, when they make mistakes, the results can be tragic. You may experience a lower quality of life as a result of surgical malpractice — such as being unable to work or care for yourself. Families can be left to care for a loved one, or much worse.

If you or someone you love has been seriously injured as a result of surgical malpractice, you may be entitled to compensation. Find out today – call our surgical malpractice lawyers at 1-888-662-2481 or fill out the following contact form to book a free, no-commitment consultation:

Oatley Vigmond has the skill and experience to fight for your claim in court. Moreover, our surgical malpractice lawyers will assist you and your family with immediate and ongoing care needs to ensure your physical, emotional, and financial wellbeing throughout the course of your trial. Call now, or read on to learn more about surgical malpractice litigation at our personal injury firm.

What is Surgical Malpractice – Do I Have a Case?

Broadly speaking, surgical malpractice refers to any instance where physical, emotional, or financial harm was inflicted as a direct result of a doctor’s negligence before, during, or after an operation.

Surgical injury and error varies widely in type and severity. Malpractice can refer to instances where doctors failed to remove surgical materials during the operation; doctors’ control for infection was deficient; or where surgical techniques were improper, especially when these errors result in damage to nearby organs or membranes.

Not every complication or bad outcome from a surgical procedure is considered surgical malpractice. Having said that, even if your surgeon tells you that every reasonable effort was made to prevent what happened, that may not always be the case.

In most cases, your claim will proceed under the theory of surgical negligence. Related issues include: 1) negligent prescription of medications or medical devices; and 2) failure to obtain a patient’s “informed consent.”

Under the theory of negligence, the patient must prove:

  • The surgeon’s duty of care to the patient, typically through illustration of the doctor/patient relationship
  • The applicable standard of care, along with the health care professional’s deviation from this standard
  • The extent of the patient’s injury, often through third-party assessments made by medical professionals
  • The causal connection between the doctor’s deviation from the standard of care and the patient’s injury

To confirm the viability of your surgical malpractice case, contact a personal injury lawyer in Ontario. Our team has over 40 years of experience and a history of success in surgical malpractice litigation, and we offer free, no-commitment consultations with a promise that you do not pay until your claim is success.

How Much Compensation Will I Receive With a Successful Surgical Malpractice Claim?

Because every case is unique, we cannot estimate verdict and settlement amounts here. Please review our surgical malpractice success stories or call our firm for an idea of the compensation you can expect.

Though compensation amounts vary, what never changes is Oatley Vigmond’s commitment to fairness and client satisfaction. Our surgical malpractice firm understand the financial challenges posed by a prolonged personal injury case, especially when adverse surgical outcomes prevent the individual from returning to work. With that in mind, we offer 100% free consultations and do not collect legal fees until your claim is successful. In doing so, we make our representation available to any Ontarian in need, and eliminate the financial risks of an unsuccessful claim.

Do I Need a Surgical Malpractice Lawyer – Why choose Oatley Vigmond?

In Canada, most surgeons are covered by a specialized medical defence organization called the Canadian Medical Protective Association. The CMPA defends surgeons who are alleged to have been negligent in caring for a patient. Lawyers who specialize in surgical malpractice are familiar with the CMPA and the evidence required in order to be successful in developing a claim.

Our surgical malpractice lawyers have over 40 years of experience with the CMPA, and have produced a proven track record for advocating and winning cases on behalf of injured persons and their families. Many of our lawyers are certified as Litigation Specialists by the Law Society of Upper Canada. This is the only body that governs Ontario’s lawyers ensuring that the people of Ontario are served by lawyers who meet high standards of learning, competence and professional conduct. When you choose our surgical malpractice law firm, you can be sure that our lawyers and support staff will work side-by-side to offer the highest level of legal guidance to see your case through to a successful settlement or outcome.

Putting our experience and history of success aside, what truly sets our surgical malpractice firm apart from the competition is that we always put people first. We understand the mental, physical, and financial pain and suffering surgical malpractice brings, and know how to make this difficult process easier for our clients. Over the course of a lawsuit, we develop a special relationship with our clients, tending to their immediate and ongoing needs while simultaneously fighting for their claim in court.

Book a Consultation with a Surgical Malpractice Lawyer – No Cost, No Commitment

Oatley Vigmond represents people who have experienced surgical malpractice throughout Ontario. If you or someone you love has been seriously injured, call toll free at 1-888-662-2481 or visit our contact page to book a consultation.

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Their high standard of excellence, expertise, dedication, and perseverance is second to none.


Joanne Oatman

I felt that they were taking the weight of the world off my shoulders. I have never felt so secure.


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Oatley Vigmond afforded our family nothing short of exceptional service.


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