Accountability.  Dignity.  Answers.

MEDICAL & DENTAL NEGLIGENCE

When we seek medical care, we place our trust in healthcare professionals to provide competent treatment and sound clinical judgment. Most medical outcomes are positive. However, when care falls below accepted standards and causes harm, the consequences can be life-altering for patients and their families

Medical negligence claims are among the most complex forms of civil litigation. They require a deep understanding of both medical and legal principles, and often involve extensive investigation, detailed medical analysis, and evidence from independent experts.

At Rodin Law Firm, we have a decades-long history of success in litigating complex medical and dental malpractice claims. We help clients understand what happened, evaluate their options, and relentlessly pursue accountability and compensation.

Understanding Medical Negligence Claims

EXPERIENCE MATTERS

Not every adverse medical outcome is the result of negligence. Medicine is complex, and healthcare professionals are often required to make difficult decisions in challenging circumstances. Determining whether negligence occurred requires more than identifying a poor outcome; it requires careful analysis of the care that was provided and whether it met the accepted standard expected of a reasonably competent healthcare professional.

Medical negligence claims may be based on:

  • Delayed or missed diagnoses;
  • Surgical errors or complications;
  • Errors in prescribing medication;
  • Birth injuries;
  • Failures in follow-up care or post-surgical management;
  • Failures in systems and procedures; and
  • Informed consent, or failures to discuss risks and alternatives to treatment.

Two of the most important issues in medical negligence litigation are standard of care and causation. The standard of care asks whether the treatment provided med the level of care expected of a reasonably competent healthcare professional in similar circumstances. Causation examines whether the act of negligence actually caused or contributed to the injury or loss suffered by the claimant. Addressing each of these issues typically require a thorough review of medical and treatment records and, often, consultation in independent experts in varied fields of medicine.

Because of the complexity of these issues, medical negligence claims always demand careful preparation, strategic analysis, and a thorough understanding of medical, scientific, and legal principles. At Rodin Law Firm, each of our lawyers have significant experience litigating complex medical negligence claims, and a deep understanding if the challenges involved in advancing these claims effectively and efficiently.

Our Approach

Medical negligence claims begin with unanswered questions. Clients come to us seeking an understanding of what occurred, whether the care they received was appropriate, and what options may be available to them.

Our first objective is to conduct a careful assessment of the circumstances. This will always involve reviewing relevant medical, treatment, and hospital records, and will often require consultation with experts and specialists in various fields. Once negligence has been identified, we work tirelessly to pursue accountability and fair compensation for our clients.

Throughout the process, we strive to provide practical advice, honest assessments, and clear communication so that our clients understand the strengths and challenges of their case. We understand that for many, answers, accountability, and a restoration of dignity is as important as financial compensation.

FREQUENTLY ASKED QUESTIONS

Medical and dental negligence claims often involve complex legal and medical issues, and it is natural to have questions about whether the care you received met the appropriate standard and what options may be available to you. Here, you will find answers to questions which are most commonly asked by our clients.

Please do not hesitate to contact us at any time. We would be pleased to meet with you at your convenience, and your initial consultation is without any charge or obligation.

How do I know if what happened to me is medical negligence?
Not every adverse medical outcome is the result of malpractice or negligence. A claim arises only where two elements are established: first, that the care provided by your healthcare practitioner fell below the standard expected of a reasonably competent practitioner in the circumstances; this is called a breach of the standard of care. Second, that the breach of the standard of care itself was responsible for causing or materially contributing to the injury you suffered; this is called causation. The assessment of standard of care and causation is nuanced, requires a good understanding of both medicine and the law, and more often than not, review by highly-specialized experts. An early, careful evaluation of your case by experienced legal counsel can help determine whether the circumstances of your situation may support a claim.
Medical and dental negligence claims are subject to strict limitation periods, which can significantly affect your legal rights. In Alberta, civil claims are generally subject to a two-year limitation period, though there is some nuance to determining exactly when this two-year clock begins to run. Additionally, there may be exceptions to this general two-year rule in certain circumstances, so it is important to seek legal advice early to ensure that your rights are preserved.
Medical and dental negligence claims are among the most complex and challenging of all civil claims. These claims are highly fact-specific and evidence-driven, and require a structured approach and a legal team experienced with the intricacies of medical litigation. The process generally begins with a detailed review of medical records, often predating the alleged negligence event by several years. Thereafter, it is typically necessary to involve one or more medical experts to provide an opinion on the issues of standard of care and causation. At this point, if the claim appears to be sound and supported by the evidence, legal proceedings will be formally commenced against the at-fault parties, and will proceed through the litigation process, which may involve record production, questioning, further expert evaluation, and ultimately resolution through negotiation, mediation, or trial.
In most cases, yes. Medical and dental negligence claims rely heavily on expert opinion throughout the course of proceedings. Initially, expert evidence will assist in determining what the appropriate standard of care was, whether that standard of care was met, and whether any departure from that standard caused or materially contributed to the injury. Later, expert evidence will help to provide a prognosis for future recovery, make recommendations for future care and treatment, and evaluate functional and vocational impairments.
You can expect a measured, thoughtful approach. Your lawyers should take the time to understand what has occurred, provide clear guidance on your options, and advance your claim with care and precision. 
The medical litigation process will be complex, but it should not feel opaque. Your lawyer’s role is to bring clarity, structure, and steady direction at each stage of the process.

Speak with an Experienced Medical Negligence Lawyer

If you believed that you or a loved one has been harmed by negligence medical treatment, we invite you to contact our office for a confidential consultation, at no cost. We would be pleased to discuss your circumstances, explain your legal options, and help you to determine the options available to you.

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