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Medical Malpractice Lawyers in Halifax, Serving Nova Scotia, New Brunswick, Prince Edward Island and Beyond

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Medical Malpractice Lawyers for Halifax

Wagner’s – Your medical malpractice lawyers – Doing Our Best To Serve Residents of Nova Scotia and Atlantic Canada

As a society, we put great trust in medical professionals to help us to get better; we expect them to meet the high standards and professionalism that are required. Medical professionals must administer medical care in a way that promotes a patient’s safety and well-being. A physician, nurse or other medical professional who acts in a negligent manner can jeopardize the health and safety of a patient and cause life-altering injuries.

Wagners’ medical malpractice lawyers in Halifax represents accident victims in Nova Scotia, New Brunswick, and Prince Edward Island. This practice area of our Halifax law firm focuses on those who have suffered a wide range of serious medical injuries or death. Our lawyers advocate for you, regardless of the complexity of the situation. We understand the seriousness of being harmed through medical malpractice and your right to pursue a claim against those who harmed you or a loved one. Our lawyers will fight to hold doctors and hospitals accountable to the highest standards of care and to pursue your claim with skill, experience and compassion.

Medical malpractice, or medical negligence, arises when your healthcare provider, including nurses, hospital staff and physicians, fail to follow the proper medical procedures which leads to injury, harm and damage.

A successful medical malpractice case requires that the patient – the plaintiff – prove the following:

1. A physician-patient relationship, which leads to a duty of care;

2. Breach of the standard of care;

3. Causation (the breach of the standard or care caused the damages); and

4. Damages

As patients, we place our trust in our physicians and the medical system. However, substandard medical care can cause serious and lasting injury to a patient, such as:

  • Cerebral palsy (CP).
  • Erb’s palsy.
  • Shoulder dystocia.
  • Infant brain damage and hypoxic brain injury.
  • Surgical errors causing nerve or organ damage and malfunction.
  • Quadriplegia or paraplegia.
  • Misdiagnosis or delayed diagnosis of cancer, stroke, infection or heart attack
  • Death.

Medical malpractice cases are complex and require legal expertise. The Medical Malpractice team at Wagners is experienced and provides compassionate and quality representation to patients who have been harmed by medical negligence throughout Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador.

Experience and Skill on Your Side Legally

At Wagners, our medical malpractice lawyers in Halifax have broad and extensive experience and a proven track record in medical malpractice and hospital negligence claims. Our team approach provides us with a wide network of medical-legal resources to effectively represent our clients. Our trial lawyers routinely undertake some of the most complex cases in the Maritimes. We will guide and support you through each part of the process and always pursue your case vigorously, with skill, knowledge and experience.

Contact Our Malpractice Claim Lawyers

If you or a loved one have been seriously injured by medical negligence or a medical error or you have lost a loved one as a result, our lawyers at Wagners can help you. Call us at 902-425-7330 or 1-800-465-8794 or complete the short online contact form.

Experienced Medical Malpractice Lawyers in Halifax, Nova Scotia

Our medical malpractice lawyers handle a broad range of cases involving:

Hospital Negligence

Hospital negligence encompasses negligent care provided by medical professionals employed by the hospital such as nurses, pharmacists, and laboratory and diagnostic technicians. Hospital negligence may arise in a wide range of circumstances, including a delay in diagnosis or treatment, errors in diagnostic testing, improper monitoring, handling or treatment of a patient including infant patients during birth, improper administration of medications, and lack of communication between the hospital and the health care team. Unfortunately, many of the injuries that result from hospital negligence could have been prevented. If you or a loved one have been seriously injured as a result of hospital negligence, we have in-depth knowledge and experience with the legal and medical aspects of hospital negligence and we are happy to discuss your legal options.

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Surgical Errors

When a surgical procedure is performed incorrectly, or a medical professional involved (e.g. the surgeon, anaesthesiologist or nurse) acts negligently during pre- and/or post-operative care, the patient may be left with unexpected injuries. Common causes of surgical errors include improper diagnosis of the condition or injury, improper surgical planning and preparation, leaving surgical instruments or other operative materials in the patient, failure to recognize surgical complications, negligent technique, inadequate post-operative care and treatment, or errors in anaesthesia, all which may result in persistent and prolonged injury or disability. A medical malpractice claim may also be pursued when a surgeon’s negligence has resulted in unexpected complications such as damaged organs, internal bleeding, sepsis and infection, catastrophic injuries, and even a fatality. At Wagners, we have experience and in-depth knowledge of the legal and medical aspects of complex surgical error claims needed for proper legal representation.

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Misdiagnosis

When a serious medical condition is misdiagnosed, it can result in improper treatment or non-treatment, which can cause catastrophic injuries and/or fatalities. If you or a family member has suffered an injury because a medical professional such as a family doctor or emergency physician has misdiagnosed, delayed or failed to treat a disease or condition, speak to the lawyers at Wagners to help you build your claim. We have all the necessary resources to protect your rights. We have handled a wide range of cases including the misdiagnoses of cancer, stroke, blood clots, brain injuries, spinal conditions and heart conditions.

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Delayed Diagnosis

A delayed diagnosis of injury or illness can be detrimental to a patient’s health, especially in cases where the patient is suffering from a progressive illness such as cancer, or an emergent condition such as a brain aneurysm or spinal compression. When a correct diagnosis is made early, in many cases there is a greater likelihood that the patient will have a better health outcome. Depending on the condition, in some circumstances, minutes or hours matter; in others, such as a slow-growing cancer, a short delay in diagnosis is unlikely to have resulted in a material difference in outcome. If you or a loved one are suffering from a condition that has progressed due to a medical practitioner’s delay in diagnosis, you may have a viable claim in medical negligence and be able to recover compensation for the injuries sustained. Delayed diagnoses can occur in many situations and may be caused by varying negligent acts such as failed communication between medical professionals and misdiagnosis. To pursue these cases, you need an experienced legal team to stand by your side and assist you in seeking the answers you need.

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Delay or Failure to Treat Diseases or Conditions

Delay or failure to treat an injury or illness properly may limit the patient’s treatment options. For instance, if the patient is not diagnosed with cancer early enough, it can drastically reduce the types and efficacy of treatment available. This failure to treat a disease or condition appropriately and in a timely manner may result in irreparable damage to a patient. At Wagners, we have the legal experience and skills to represent individuals who have suffered catastrophic injuries as a result of such medical negligence. With the help of medical experts, we aim to identify the point at which negligent actions caused the delay in diagnosis and assist you in seeking the compensation you deserve.

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Birth Injuries

Negligence during the birthing process can result in catastrophic injuries that remain with your baby for the rest of their life. Children who are born premature, large babies, and babies in breech position are at increased risk of birth injuries. Women who undergo extended and complex labour are also at higher risk of traumatic birth injuries. Common traumatic birth injuries include head and brain injuries including brain bleeds, facial paralysis, nerve injuries, brachial palsy, bone injuries including fracture of the clavicle, perinatal asphyxia (decreased oxygen in the baby’s blood). While not all birth injuries are due to medical errors, mismanagement of labour or misdiagnosis, may occur due to the negligent actions of the midwife, nursing staff and/or obstetrician. Birth injury cases are complex and require extensive medical expert evidence and significant legal and medical expertise to navigate. With decades of experience in birth trauma litigation, Wagners has been successful in many birth trauma cases, and has obtained for its clients the significant, much needed and lifelong financial support for families whose children have suffered injury as a result of birth trauma.

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Cerebral Palsy

Cerebral Palsy (CP) is a disorder that is caused by damage to the developing brain. This disorder can affect an infant’s body movement, muscle control, coordination, and posture. CP may also result in hearing, speech, visual and learning impairments. Medical negligence in instances such as delayed delivery (causing oxygen deprivation), improper monitoring and management of labour, failure to diagnose infection(s), and improper use of forceps and vacuum extraction during the birthing process can result in CP. CP can also occur due to improper monitoring of fetal and maternal distress. Raising a child with CP can be extremely costly. If your child’s CP has been caused by a preventable brain injury, you may be entitled to significant compensation. The lawyers at Wagners have significant knowledge and experience in handling cerebral palsy cases, and have secured compensation for many clients with CP, and their families.

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Failure in Genetic Testing/Screening for Birth Defects

Doctors and medical specialists are required to conduct tests and screenings throughout pregnancy to monitor development of the infant. They are trained to identify warning signs of birth and genetic defects, as well as risk factors, and to pursue specific treatments to prevent or treat concerns. A doctor’s failure to properly screen and monitor during pregnancy can limit the options available to correct the issue after birth or reduce the chances of viability outside the womb. At Wagners, we have handled medical negligence cases where doctors have failed to properly test and screen for genetic defects, and we have the skill, knowledge and compassion to competently pursue your case. We have a strong track record in birth defect cases and we can help you through the entirety of the legal process.

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Infant Brain Damage

Some children incur traumatic brain injuries due to negligence during childbirth. These traumatic injuries can lead to conditions such as cerebral palsy, which can cause major complications throughout a child’s life. Infants may be deprived of oxygen or incur trauma to their brain for several reasons, such as prolonged labour where the brain is compressed in the birth canal, improper use of delivery instruments, neglecting proper fetal heart rate monitoring, and not detecting issues with the umbilical cord. The treating physician and nurses are required to monitor for concerns and to intervene when issues arise. Medical malpractice cases involving infant brain damage are complex and require legal and medical expertise. Wagners is experienced and provides compassionate and quality representation to patients who have been harmed by medical negligence.

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Medication and Prescription Errors

When a patient is given the wrong medication or medication at the wrong dosage, they may suffer serious medical consequences, including severe allergic reactions and death. Doctors, pharmacists and other medical professionals are held to certain standards when it comes to prescribing and administering medication. At Wagners, we represent individuals who have suffered serious injuries or complications as a result of medication and prescription errors. We work to protect your rights and deliver personalized legal representation to achieve justice. If you or a family member has been seriously injured as a result of medication or prescription errors, please contact a lawyer at Wagners to discuss your case.

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Anaesthesia Errors

Anaesthesiologists who administer anaesthesia for surgical procedures are required to monitor the patient continuously and constantly. The patient must be adequately warned of risks of anaesthesia and given the proper dosage. The patient may be exposed to serious harm if the anaesthesia is improper (too little or too much), or the method of administration causes tissue or nerve damage. At Wagners, we have represented numerous cases involving anaesthesia errors. If you or a loved one has experienced inadequate or substandard medical care from an anaesthesiologist that has led to serious harm, contact Wagners to discuss your legal options.

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Pathology or Testing Errors and Radiology Mistakes

Patients and their doctors rely on the expertise of radiologists and pathologists for proper diagnoses, and to receive the proper treatment. If the results of diagnostic imaging (such as an X-ray or CT scan) or pathology results are misread, it can result in misdiagnosis or a delay in diagnosis, leading to material harm in the patient. When these errors are made, they should be addressed, and appropriate legal action should be pursued. If you or a loved one has suffered as a result of pathology and/or radiology errors, the Medical Malpractice team at Wagners can help you file a claim and seek compensation. We are ready to represent your interests and provide quality legal assistance in seeking compensation regardless of the complexity of your case.

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Emergency Room Errors

Emergency rooms are busy and hectic environments that demand a high level of attention to detail and the ability to make fast and accurate judgment calls. Medical professionals who work in emergency rooms are trained to triage appropriately, request proper diagnostic testing and ensure a patient’s safety by taking the necessary steps to prevent further injury or harm. ER errors often occur due to a breakdown in communication between medical staff, failure to order appropriate tests, or administering the wrong dosage or type of medication, and can lead to misdiagnosis, and the missed opportunity to prevent catastrophic injury. At Wagners, we take a thorough approach to investigating cases involving emergency room errors and strive to get our clients the compensation they are entitled to so that they can continue with the recovery process.

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Failure to Disclose and Lack of Informed Consent

Every patient has a right to make choices about the medical treatment they receive. So long as you are conscious, alert, and able to make decisions for yourself, you have the right to decide what treatment or medications are given to you, and to be informed of the coinciding risks. If a patient is uninformed, he/she may not be fully aware of the side effects or risks of the treatment; and thus, cannot make a fully informed decision regarding their medical care. Physicians have a responsibility to disclose certain information regarding the medication or treatment they recommend, and to provide patients with information regarding alternative options in a clear and understandable manner. Failure to disclose relevant information or obtain informed consent from a patient can result in medical malpractice. At Wagners, we handle complex medical malpractice claims arising from issues of lack of informed consent to treatment.

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Dental Malpractice

Dentists and Maxillofacial Surgeons are expected to practice to the accepted standards within the field of dentistry, dental and oral surgery. Dental Malpractice can arise in different circumstances, such as a failure to properly diagnose an oral disease or malformation, improper technique leading to chronic nerve pain or dangerous infections, or installation of defective dental products. These errors can cause serious injury to patients, including chronic nerve pain and brain infections. Medical malpractice cases are complex and require legal expertise. The team at Wagners is experienced and provides compassionate and quality representation to patients who have been harmed by medical and dental negligence throughout Atlantic Canada.

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ADDITIONAL ARTICLES

Malloy v Intact Insurance Company, 2019 NSSC 131

In the case of Malloy v. Intact Insurance, the Plaintiff Ms. Malloy was being denied reimbursement for a medical procedure by the defendant Intact Insurance. As a result, the Plaintiff, started a legal action claiming improper denial of the benefits and breach of good faith.

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Disclosure of Insurance Limits

In car accident cases involving serious injuries, insurance limits may be a live issue. In Nova Scotia, residents are required to carry a minimum of $500,000 in third-party liability insurance.

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READ OUR REVIEWS

I have had the privilege of dealing with Wagners Law Firm for approximately 12 years and have nothing but praise for them. They all are very professional. They always put me at ease when talking to them and answered all my concerns, never too busy to return a phone call and informed me of all decisions. These are probably some of the reasons that they were chosen number 1 for 2019 lawyer of the year.read more
J. Wilson
02:31 14 Aug 19
Thank you and your excellent staff for what you have done for the people of Miramichi and myself.It was a long process, so I congratulate you on your tenacity and willingness to see this through.I have great respect for your staff: Ches, Vic, Richard, Maddy and members of your team. They have been extremely helpful guiding me through this long and tedious process.I highly recommend your law firm to represent physically or mentally injured people for a class-action lawsuit.read more
J. Gay
08:28 10 Aug 19
First and best call I made after my car accident. A huge thank you to Lisa, Beth, Nick, and the rest of the Wagners team! All were very kind, understanding, and kept me well informed.read more
Stephanie Brown
11:45 24 Jul 19
I can’t Thank Wagners Law firm enough for all they did for me there kindness and devotion is above more then I could have ever imagined they got me what I deserved I would recommend Wagners to anyone Thanks so much Lisa and associatesread more
Steven Smith
08:27 25 May 19
An online search led me to Wagners Law Firm at a point in my life where I needed help. Best decision of my life.  The staff here are second to none. My medical malpractice was made so much easier with the Knowledge and professionalism of Ray Wagner and Kate Boyle. I highly recommend this firm for their dedication and especially for making you feel at ease with the entire process.read more
A. Belliveau
02:23 04 Mar 19
I had originally made an error in judgement re my enquiry.. Mr. Wagner took his valuable time to explain a complex issue to me, as did the office manager. Of all the lawyers I dealt with, these people have been the most honest and upfront. I would truly recommend Ray Wagner for his knowledge and integrity.read more
Maxine Snow
15:09 27 Feb 19
On the recommendation of a friend I hired Wagners law firm to work on a three and a half year,vehicle settlement claim. We were informed that the medical claim section was closed!Wagners team of legal experts had my case reopened within a short period of time.I was amazed at the high degree of excellence this task was carried out.I have no doubt that the justice system of Nova Scotia is being served through the merit and endeavours of the Wagner law firm.read more
Kathleen Carter Steeves
20:20 26 Feb 19
Wagner's is the best Law Firm I have dealt with, Lisa Wagner and her Assistant, Kelly Wasson, could not have treated me better. Their professionalism was impeccable. I was treated with the most kindness and respect. Whenever I had a question I was given an answer within that day. I was always kept up to date on my file and felt very comfortable in the way they took care of me. I wish to extend my utmost appreciation for all they have done and would recommend them to everyone. Thank you again, Lisa and Kellyread more
Bert Rose
19:16 22 Feb 19
I am very grateful to Wagners Law Firm. Wagners lawyers treat me with respect. I’m so very thankful to Wagners. They are kind and respectable people. I could not find a better law firm than Wagners. I highly recommend them to anyone who needs a personal injury lawyer. Knowing Wagners is there to defend me has given me hope and security. Wagners is the best.-A. Christine Littleread more
A. Christine Little
02:09 18 Feb 19
I could not have made a better choice for representation in my personal injury case.The team at Wagners are very thorough, experienced and experts in their field of practice.Throughout the process, I was always kept up to date and they always took the time to explain what was entailed in the process and the timeline for such cases.In particular I would like to thank Loreatha Boehner for her expert counsel and negotiating skills and bringing my case to a successful conclusion.read more
L. Michalik
15:29 05 Feb 19
5 years ago Ray was recommended to me. I contacted him and he took my medical malpractice case on. Although I was in Cape Breton, Ray met with me on several occasions. He was very professional and the staff took care of me in an excellent way throughout the entire process.When you get hurt in a catastrophic way like I did, taking on legal action is very scary. The process of medical malpractice litigation can be very draining and disturbing to a person. The legal process was very unknown to me. I believe there should be more people like Ray, Kate and Krizia. They went above and beyond. Ray has a great sense of responsibility to his clients.I only saw parts of the legal process but I know they make it a lot easier for people. I am overwhelmed by the kindness and patience of Ray and his entire team.read more
Wayne Rennie
01:10 30 Jan 19
I can give your firm a 5 for satisfaction. I was very pleased in all communication and your professionalism getting to a settlementread more
Victor Blackwood
07:58 15 Jan 19
After my accident I was getting nothing but a run around from my insurance company, that is if I could actually get them to answer an email or return a phone call.  I was getting so frustrated that I would just break down and cry.  My father in-law told me it was time for a lawyer. I don't know why I didn't think of it.  Oh wait I do, my insurance company told me that they would take care of me.  Lie number one, they also told me they wanted to take care of everything as quickly as possible so that my life wouldn't be that disrupted. Lie number 2. I did my homework to find someone who would best represent me.  I contacted Wagner law threw their live chat, thank god for live chat because I was in bed in a lot of pain and found it hard to sit and even talk on a phone. they paired me with a member of their firm right away.  I think my lawyer Lisa Wagner was sent from god himself.  I had a lot of questions and she answered every one of them for me and also advised me on a lot of things I didn't know of.  Its because of her i got into see all the right medical professionals and finally started on the road to recovery.  It was a long hard battle but Lisa helped me threw it all.  She was amazing, caring and I truly felt her compassion for me and what I was going threw.  We only met face to face a few times, due to living in different province's, every time we did it was like sitting with an old friend. I would and do recommend Wagner Law to everyone I hear may need a Lawyer and tell all my friends and family if they ever need a lawyer to contact Wagner's. The most stars I'm able to give them is 5 but i think they deserve a 10. Thank you all for everything you have done to help me and my family.  We truly couldn't have got threw this without you.read more
Joanne R
05:57 15 Jan 19
Wagners walked me through every step and took the time to explain all the legal information to where I could understand. I would have and will recommend again in the future! Thank you for all that you have done and I am finally able to move forward from that chapter of my life!!!read more
Bobby Campbell
02:03 15 Jan 19
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.read more
Sam M
16:11 19 Jan 18
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .read more
linda frausell
01:21 16 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach.Thanksread more
frank slaunwhite
16:29 03 May 17
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!read more
Missy Day
12:03 06 Oct 16
I contacted Wagners about a motor vehicle accident.I was able to speak with someone right away. The staff were very pleasant and helpful.I received a response about pursuing a case the next day.I would highly recommend this firm.read more
Nicholas Gordon
11:30 06 Oct 16

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