Medical Negligence Claims
Accountability when the standard of care is not met.
Medical negligence occurs when a healthcare provider does not meet the standard of care a patient is entitled to expect, and the outcome is serious and avoidable.
If you or someone you love has been affected by substandard medical treatment, it is natural to want clear answers – what went wrong, why it happened, and what could reasonably have been done differently. At Lanser Sutherland Inc., we combine a strong understanding of medical evidence with legal experience to investigate the care provided, identify where accountability may lie, and guide patients and families toward informed, practical next steps.
What is medical negligence?
Medical negligence is not simply a bad outcome. Complications can occur even when treatment is appropriate. Medical negligence is present when a healthcare provider does not treat a patient with the level of care, skill and judgment that a reasonably competent practitioner in the same field would have used in the same circumstances. It also has to be shown that this shortfall probably made a real difference to what happened. In other words, the injury or loss must be a consequence of the substandard care, and it must be the kind of outcome a reasonable practitioner would have foreseen and tried to prevent.
To succeed with a medical negligence claim, we generally have to prove three elements:
Negligence
We must show that the healthcare provider did not act with the level of care and skill that a reasonably competent practitioner with similar training would have exercised in the same circumstances. In other words, the standard of care was not met.
Causation
It is not enough to show that the care was substandard. We must also prove that the negligence caused the injury complained of. This includes:
- Factual causation: the injury would probably not have happened but for the negligent act or omission; and
- Legal causation: it is sufficiently closely connected to the negligence that the law considers it fair to hold the provider responsible.
Damages
Finally, we must show that the injury resulted in measurable loss that the law compensates—such as past and future medical expenses, loss of earnings or earning capacity, and general damages (including pain and suffering and loss of amenities of life).
Think of it as a three-legged stool: if any one leg is missing, the claim cannot succeed. That is why we assess all three elements carefully before taking on a matter.
Types of medical negligence cases we handle
Birth injuries and cerebral palsy
Birth injuries and cerebral palsy
Birth should be one of life’s most joyful moments. When negligence during pregnancy, labour, or delivery causes permanent injury to a baby, the consequences affect the whole family for a lifetime.
We represent families in cases involving:
- Prolonged second stage labour due to misdiagnosed Cephalo-pelvic disproportion
- Failure to monitor foetal distress or respond to CTG abnormalities
- Delayed or failed emergency caesarean sections
- Shoulder dystocia and brachial plexus injuries (Erb’s palsy)
- Neonatal infections and kernicterus
These cases require deep understanding of obstetric and neonatal medicine, cardiotocograph interpretation, and paediatric neurology. Our background in nursing and medicine gives us an edge in reconstructing what happened and proving what should have happened.
Delayed or missed diagnosis
Delayed or missed diagnosis
Early diagnosis saves lives. When doctors fail to diagnose serious conditions by not taking a proper patient history, failing to examine or refer for further investigations, the consequences can be catastrophic.
We represent patients in delayed or missed diagnosis cases involving:
- Strokes and transient ischaemic attacks (TIAs)
- Heart attacks and acute coronary syndrome
- Sepsis and meningitis
- Cauda equina syndrome (spinal emergency)
- Deep vein thrombosis (DVT) and pulmonary embolism (PE)
- Fractures, dislocations, and orthopaedic injuries
- Ectopic pregnancy
These cases require careful analysis of when symptoms appeared, what investigations should have been done, and whether earlier diagnosis would have changed the outcome.
Spinal and neurosurgical injuries
Spinal and neurosurgical injuries
Spinal surgery and neurosurgery carry inherent risks, but some complications are the result of negligence.
We represent patients who have suffered:
- Spinal cord injury during surgery
- Cauda equina syndrome due to delayed decompression
- Nerve damage and paralysis
- Infections (discitis, epidural abscess)
- Failed spinal fixation or hardware complications
Orthopaedic and implant complications
Orthopaedic and implant complications
Orthopaedic negligence can involve errors in diagnosis, surgical technique, or post-operative care. We also handle cases involving:
- Defective hip and knee implants
- Metallosis (metal poisoning from failed implants)
- Infections after joint replacement
- Non-union or malunion of fractures
- Compartment syndrome
- Nerve and vascular injuries
Surgical errors and post-operative complications
Surgical errors and post-operative complications
Surgical negligence can occur before, during, or after an operation. We handle cases involving:
- Wrong-site surgery or wrong-level spinal surgery
- Damage to organs, nerves, or blood vessels during surgery
- Retained surgical instruments or swabs
- Post-operative infections, sepsis, and wound complications
- Failure to recognise and treat bleeding or perforation
- Anaesthetic errors and high spinal blocks
- Inadequate post-operative monitoring
Surgical cases often turn on theatre records, anaesthetic charts, and expert evidence about whether the technique used was reasonable. We work with leading surgeons and anaesthetists to assess liability and causation.
Healthcare Associated Adverse Events
Critically ill patients rely entirely on their medical team. Failures in monitoring, hygiene, or basic care can lead to preventable harm.
We handle cases involving:
- Pressure sores and bedsores in immobile patients
- Failure to prevent or treat venous thromboembolism (blood clots)
- Medication errors and adverse drug reactions
- Ventilator-associated pneumonia
- Falls and injury due to inadequate supervision
- Hypotensive episodes and inadequate monitoring
Medication errors and informed consent failures
Medication errors and informed consent failures
Patients have a right to be informed about the risks of medication and to be monitored appropriately.
We handle cases involving:
- Failure to warn about material risks (e.g., drugs that can cause blindness or serious organ damage with long-term use)
- Failure to monitor (e.g., no regular eye exams for patients on drugs with known ocular toxicity)
- Prescription errors (wrong drug, wrong dose, dangerous drug interactions)
- Failure to obtain informed consent before surgery or treatment
Informed consent is not just a signature on a form. It means the patient was properly informed of the diagnosis, treatment options, risks, benefits, and alternatives and had the opportunity to make a real choice.
Our approach to medical negligence cases
We start with the medicine
Before we assess liability, we need to understand what happened clinically. What was the diagnosis? What treatment was given, and when? What should have been done differently?
Our nursing background and years of experience allows us to read hospital records, CTG traces, anaesthetic charts, and radiology reports.
Medical negligence cases are won or lost on the details:
- A single abnormal CTG segment that was ignored
- A missed entry in nursing notes
- A blood pressure reading that should have triggered intervention
- A delay between symptom onset and referral
We collate, index, and analyse every page of the medical records. We cross-reference timelines. We identify gaps, inconsistencies, and red flags. We prepare the case as if we are always going to go to trial because sometimes we do.
We work with leading experts
Medical negligence litigation is expert-driven. We work with respected specialists, including:
- Obstetricians and neonatologists
- Neurosurgeons and neurologists
- Orthopaedic surgeons and spinal specialists
- Anaesthetists and physicians
- Radiologists and pathologists
- Occupational therapists and speech therapists
- Psychiatrists and psychologists
- Industrial psychologists and actuaries
Our experts don’t just give us opinions, they help us understand the medicine, build the causation argument, and quantify the injury.
We're honest about your prospects
Not every adverse outcome is negligence. Not every case of negligence can be proven. And not every provable case justifies the cost and stress of litigation.
If we don’t believe your case meets all three criteria (negligence, causation, and meaningful damages), we will tell you clearly and kindly. Our job is to give you the information you need to make the right decision.
How we work with you
Initial consultation
We start by understanding what happened. We ask for:
A detailed sequence of events
Medical records (or assistance in obtaining them)
Information about the person affected (age, health, occupation)
The consequences of the damage caused (ongoing treatment, disability, care needs)
Case Assessment
We review the medical evidence, consult with experts where needed, and assess:
Negligence: Did the care fall below an acceptable standard?
Causation: Did this substandard care cause the harm?
Damages: Are the damages sufficient to justify litigation?
Clear Advice
We tell you honestly:
Whether we believe you have a viable case
What the process would involve (timelines, costs, risks)
What funding options are available (hourly rates, contingency fees, litigation funding)
Whether mediation or settlement might be a better route than litigation
Action
If we proceed together:
We secure all medical records and evidence
We instruct leading medical and financial experts
We prepare detailed pleadings and quantum reports
We negotiate with defendants and their insurers
We mediate where appropriate, and litigate where necessary
Throughout, we keep you informed, involved, and supported
Common questions
How long do medical negligence cases take?
Most cases take 3–5 years from start to finish, though some settle earlier through mediation or negotiated settlement. Complex cases involving children or brain injuries may take longer.
What will it cost?
We offer flexible fee arrangements including hourly rates, contingency fees (“no win, no fee”), and litigation funding options. We discuss costs transparently from the start.
Do I need all my medical records before contacting you?
No. We can help you obtain records. But the more information you have, the better we can assess your case in the initial consultation.
What if the negligence happened years ago?
You may still have time, especially if you are a minor or lacked legal capacity. Contact us for an assessment don’t assume it’s too late.
Can I sue a state hospital?
Yes. Special rules apply (6-month written notice), but we regularly represent patients against provincial health departments and state hospitals.
Ready to discuss your case?
If you’ve suffered serious consequences as a result of medical negligence, if your insurance claim has been wrongly declined, or if you need a qualified mediator for a complex healthcare dispute, we’re here to help.