Medical Malpractice | October 17, 2023

Medical Malpractice Lawyers: Do We Take Personal Injury Cases?

Medical malpractice lawyers play a critical role in seeking justice for individuals suffering from medical negligence. Their expertise in navigating the intricate realm of healthcare standards, legal complexities, and the complexities of medical malpractice litigation makes them indispensable in securing compensation for victims.

Medical malpractice lawyers, while experts in their specialized area, may take on personal injury cases. However, it’s essential to understand that they do so only when these cases are directly related to instances of medical malpractice.

While Sommers Roth & Elmaleh primarily specializes in medical malpractice cases, they take on personal injury cases when directly linked to severe medical malpractice. This means that if a personal injury directly results from medical negligence, clients can expect the same level of dedication and expertise from the firm that has made it a leader in medical malpractice law.

This article will explore why medical malpractice lawyers sometimes extend their practice to cover personal injury cases.

Understanding the Difference: Personal Injury vs. Medical Malpractice

Personal injury law covers a broad range of incidents and accidents in which a person suffers harm due to another party’s negligence or intentional actions. These cases involve comparing the defendant’s actions to a reasonable person’s standard of care to assess negligence. Typically, personal injury cases involve two parties: the injured person (plaintiff) and the responsible party (defendant), which can be individuals, businesses, or entities.

Medical malpractice serves as a specialized subset within personal injury law. This area of law concentrates exclusively on cases involving healthcare professionals, such as doctors, nurses, hospitals, or other medical entities, delivering substandard care that harms a patient. These cases demand a profound grasp of both medical and legal intricacies.

Medical malpractice lawyers focus on holding healthcare providers responsible for injuries resulting from substandard care. They possess a comprehensive understanding of medical standards, protocols, and healthcare system complexities, enabling them to construct robust cases for their clients.

A medical malpractice lawyer’s areas of expertise include the following:

Obstetric malpractice: This involves issues during childbirth, prenatal care, and the postnatal period, where medical errors can have severe consequences for both mother and child.
Shoulder dystocia: This occurs during childbirth when a baby’s shoulders get stuck behind the mother’s pelvic bone, potentially causing severe birth injuries. Experienced medical malpractice lawyers can assess the case, consult medical experts, and seek compensation and justice for these injuries.
Cerebral palsy: A neurological condition affecting movement and posture, often resulting from brain damage caused by factors like oxygen deprivation during or shortly after birth. Medical malpractice lawyers can assess potential negligence.
Spina bifida: In cases where medical malpractice may contribute to developing this neural tube defect, medical malpractice lawyers excel in addressing these complexities.
Pediatric malpractice: A specific area within medical malpractice law focused on cases involving medical errors or negligence in the treatment of children. Medical malpractice lawyers’ expertise extends to advocating for the rights of young patients harmed by medical mistakes.
Birth injury: Encompasses a range of complications that can occur during childbirth, often due to medical negligence. Medical malpractice lawyers specialize in helping families navigate the legal complexities associated with birth injury cases.

Why Some Medical Malpractice Lawyers Also Handle Personal Injury Cases

Medical malpractice lawyers often take on personal injury cases, particularly those related to severe medical malpractice. Their involvement within the field of personal injury law arises from several key reasons:

Expertise in Healthcare

Medical malpractice lawyers typically have a deep understanding of healthcare practices, standards, and medical terminology. This expertise allows them to effectively assess cases involving injuries or harm resulting from medical negligence.

Whether it’s understanding surgical procedures, interpreting medical records, or evaluating the actions of healthcare providers, their knowledge of the healthcare system is invaluable when handling personal injury cases that involve medical aspects.

Expertise in Handling Complex Cases

Medical malpractice cases are among the most complex areas of law. They require an intricate understanding of medical procedures, standards of care, and the ability to decipher complex medical records. Lawyers specializing in medical malpractice often possess the knowledge and resources to handle intricate cases effectively.
Overlapping Legal Concepts

Personal injury and medical malpractice cases often involve common legal principles, such as negligence, causation, and damages. Lawyers experienced in medical malpractice can apply their knowledge of these fundamental concepts to personal injury cases, allowing them to effectively represent clients in a broader range of situations.

The Benefits of Representation by a Dedicated Medical Malpractice Professional

Medical malpractice lawsuits are unique and distinct from most other personal injury lawsuits. They involve highly influential and powerful players, including hospitals and large insurance companies such as the Healthcare Insurance Reciprocal of Canada (HIROC) and the Canadian Medical Protective Association (CMPA).

Choosing a dedicated medical malpractice lawyer when you or a loved one has suffered due to medical negligence offers several advantages:

Specialized Expertise

Medical malpractice lawyers specialize in healthcare standards, procedures, and legal intricacies specific to medical negligence cases. This expertise allows them to identify instances where medical professionals failed to meet the standard of care.

Extensive Resources

Successful medical malpractice lawsuits require the expertise of various professionals, both in the legal and medical fields. Medical malpractice lawyers have a network of esteemed experts with whom they collaborate to advance each case.

Critical Timelines

There are specific and essential limitation periods involved in medical malpractice cases. These time constraints can be challenging to navigate without legal representation. Medical malpractice lawyers ensure that their clients meet these critical deadlines.

Financial Compensation

Medical malpractice can profoundly impact a person’s life, affecting their ability to work and care for themselves. Compensation through a medical malpractice claim can help mitigate victims’ emotional and financial suffering.

Medical malpractice lawyers are well-equipped to pursue compensation that accounts for immediate and future needs, such as medical bills, rehabilitation costs, and loss of earning capacity.

Help for Bereaved Families

When a loved one’s life is tragically claimed by medical malpractice, navigating the path ahead can be overwhelming, leaving you uncertain about where to seek assistance and whom to rely on. While no legal remedy can replace the irreplaceable, please know that you have access to both legal advice and practical assistance.

Medical malpractice lawyers provide essential help. They can negotiate with healthcare institutions, insurance companies, and other involved parties to secure compensation for the losses and suffering endured.

Legal Counsel From Our Dedicated Medical Malpractice Lawyers in Toronto

With over four decades of experience, Sommers Roth & Elmaleh have consistently and successfully advocated for numerous patients and their families who have been profoundly impacted by medical negligence and catastrophic injuries.

We have remained at the forefront of significant medical malpractice and complex personal injury litigation developments, continually establishing pioneering legal precedents.

Medical Malpractice Cases: Our Specialization

As renowned medical malpractice lawyers in Toronto, we specialize in handling cases related to medical malpractice, obstetric malpractice, pediatric malpractice, and birth injuries.

At Sommers Roth & Elmaleh, our dedicated team represents patients and their families suffering from medical errors or negligence resulting in significant harm or catastrophic injuries.

We recognize that medical malpractice claims are incredibly intricate, both legally and medically, demanding a high level of expertise to navigate effectively.

Our primary focus encompasses various medical malpractice scenarios, including conditions such as cerebral palsy, shoulder dystocia, spina bifida, brain injuries, misdiagnosis, hospital errors, and other intricate malpractice cases involving severe injuries.

If you or your child has endured severe injuries due to negligence or medical error, consider consulting a medical malpractice lawyer in Toronto to better understand your rights and options.

To schedule a free consultation, please call 1-844-940-2386 or contact us here. Our specialization in the intricate field of medical malpractice ensures you receive the necessary guidance and representation during this challenging period.

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Hilt this Tamrate

23 May 2023

Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa

Hector Cardenas

4 January 2023

I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.

JERRY ZHOU

10 October 2022

We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh，Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !

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6 October 2022

I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.

Tony Zhou

29 September 2022

I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.

Dianne Keckes

18 July 2022

I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!

Ivica J Sokic

6 June 2022

Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.

Arden Melnechuk

1 December 2021

I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!

Megha Sharma

16 April 2021

Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.

Nick & Whitney Maraschiello-Basnett

18 July 2020

We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.