Preszler Law proudly provides service to any of the 200,000 Kelowna residents who have medical malpractice claims. Our office is located in the heart of the Landmark Centre at 1631 Dickson Avenue (Suite 1100). We provide free consultations and personalized, attentive service by phone or in our clean, comfortable building. If we agree to represent your case, no money is due upfront. Even if you’re not certain you wish to file a lawsuit, you have nothing to lose by contacting our firm to discuss the circumstances of your case and learn about your legal options.
Our Kelowna personal injury lawyers can investigate what happened, refer you to the best care professionals, inform you of your rights, and help you explore the next best step given your current situation.
Proving Medical Malpractice
Medical malpractice cases are among the most challenging. Legally speaking, a doctor can make a judgement error without it being considered medical malpractice. The law understands that doctors are under tremendous duress to make quick decisions, even if they don’t always have the best information. Rather, what you must prove is that the doctor fell below the reasonable standard of care in making that judgement error. The courts will look at what a competent doctor of similar training and experience would have done. It stands to reason the expectations are higher for specialists.
As a medical malpractice law firm, Preszler Law retains a number of respected professionals in our network who can testify on your behalf as to the severity, causation, and preventability of your injuries. Expert testimony is crucial to your case. The judge will need to make a decision based on the testimony of experienced professionals and on common sense.
Who Is Liable For Medical Malpractice?
Most medical malpractice cases involve errors made by doctors, nurses, and the Health Authority operating the hospital. If your case is successful, your compensation will most likely be paid by the Canadian Medical Protective Association, which has billions of dollars in reserve funds. Kelowna personal injury lawyers at our firm look for every possible angle where liability exists and may list as many defendants as is necessary to get you the full and fair compensation you deserve. We are happy to answer any questions or address any concerns you may have.
What Compensation Is Available?
Victims of medical malpractice can recover lost wages (past and future), medical bills (past and future), the cost of home care, disability-related home modifications, and up to $330,000 for pain and suffering.
It is possible the Supreme Court will decide differently in the future or increase the pain and suffering allowance to keep in line with inflation, but the limits are designed to prevent increases in liability insurance that will drive costs up for patients and taxpayers.
A medical malpractice lawyer with Preszler Law will fight for the maximum compensation available to you. Our nearly two decades of local experience provides us with the insight to know a fair offer when we see it. If necessary, we will go beyond the negotiating table and pursue the matter before a judge and jury.
Medical Malpractice Lawsuits Lead To Better Standards of Care
Sometimes it takes a medical malpractice lawyer to demonstrate a higher standard of care. Several years ago, an assessment of 102 cases handled by the Canadian Medical Protective Association revealed strokes misdiagnosed as anxiety attacks or stomach bugs. Half the cases led to legal actions, which put pressure on institutions to adopt more rigorous screening methods. Something as simple as “finger-to-nose testing” could have prevented the catastrophic results that followed.
Call Preszler Law today to learn more about pursuing a medical malpractice claim in Kelowna.