If you get a severe infection like MRSA after surgery, you must prove the hospital breached mandatory sanitary protocols. Because infections are a known risk of surgery, successfully suing a Toronto hospital requires a medical expert to prove the staff’s negligence directly caused the contamination.
Going into a Toronto hospital for surgery is inherently stressful, but patients rightfully expect a sterile environment. Unfortunately, thousands of Canadians acquire Healthcare-Associated Infections (HAIs) every year. If you are wondering what to do if you acquire a severe infection (e.g., MRSA or C. difficile) during a surgery in Toronto, understanding the very high legal threshold for medical malpractice is essential. 🤕
It is incredibly difficult to successfully sue for a hospital-acquired infection. The law recognizes that bacteria exist everywhere, and infection is a known, inherent risk of any surgical procedure. Simply getting an infection does not automatically mean a doctor or nurse made a mistake. To win financial compensation, you must prove that the healthcare team fell below the acceptable standard of care for infection control.
Step-by-Step Process in Toronto
Whether your surgery was at St. Michael’s Hospital or a smaller clinic in North York, building an infection-based medical malpractice claim requires swift action and specialized medical evidence. 📝 Here is what you should do.
Step 1: Get Immediate Corrective Treatment
Severe infections like Methicillin-resistant Staphylococcus aureus (MRSA) can quickly lead to sepsis or death. Focus entirely on your physical recovery first. This may involve aggressive intravenous antibiotics, prolonged hospital stays, or even revision surgeries to clean out the infected tissue. Keep a detailed log of every new treatment you require. 👨
Step 2: Request Your Complete Medical File
Under Ontario’s Personal Health Information Protection Act (PHIPA), request your entire medical record from the hospital. You specifically need the operative reports, nursing notes, and the infectious disease swab results. Your lawyer will look for clues, such as whether surgical instruments were properly sterilized or if pre-operative antibiotics were administered on time.
Step 3: Contact Patient Relations and the Patient Ombudsman
Every major hospital in Toronto has an internal Patient Relations Office. Filing a formal complaint with them triggers an internal review of their infection control protocols. While this does not provide financial compensation, the written findings from their investigation can serve as vital evidence. If the hospital’s response is unsatisfactory, you can elevate your complaint to Ontario’s independent, provincial Patient Ombudsman under the Excellent Care for All Act, 2010. Note that the provincial Patient Ombudsman will only investigate after you have fully exhausted the hospital’s internal Patient Relations process first.
Step 4: Hire a Medical Malpractice Lawyer
Because these cases are vigorously defended, you must hire a local personal injury law firm. While the Canadian Medical Protective Association (CMPA) defends individual surgeons and doctors, claims regarding hospital cleanliness and nursing care are defended by the Healthcare Insurance Reciprocal of Canada (HIROC). Your lawyer will hire an independent infectious disease expert to review your file and determine if there is enough evidence of negligence to file a Statement of Claim at the Superior Court of Justice. ⚖
How Much Does it Cost in Toronto?
Pursuing a lawsuit against a hospital and its surgeons is an expensive endeavour, but the financial risk is generally absorbed by the law firm. Here is what to expect in Ontario:
- Lawyer Fees: Most medical malpractice lawyers work on a contingency fee basis. You pay nothing upfront, and the firm takes a percentage (usually 30% to 40%) if they secure a settlement.
- Expert Witness Costs: Proving the hospital breached sanitation standards requires reports from leading infectious disease specialists. These reports can cost $10,000 to $20,000 CAD, which your lawyer will advance for you.
- Court Fees: Issuing the Statement of Claim at the Superior Court of Justice costs exactly $243 CAD under O. Reg. 293/92.
| Infection Source | Example of Medical Negligence |
|---|---|
| Surgical Instruments | Using tools that bypassed the mandatory autoclave sterilization process. |
| Hospital Staff | Failing to wash hands or change gloves between treating contagious patients. |
| Pre-Operative Care | Failing to screen a high-risk patient for MRSA before an elective joint replacement. |
How Long Does the Process Take?
Medical malpractice litigation is famously slow in Canada. After you discover the infection, you have a strict 2-year limitation period to officially start your lawsuit in Ontario. Gathering hospital records, obtaining expert medical opinions, and conducting examinations for discovery can take a long time. Resolving a complex infection case generally takes 3 to 5 years before a settlement or trial is reached.
Frequently Asked Questions (FAQ)
What if I signed a consent form acknowledging the risk of infection?
A signed consent form means you accepted the general, unavoidable risks of surgery. It does not mean you consented to medical negligence, such as a surgeon using unsterilized equipment or failing to scrub in properly.
Who do I actually sue for the infection?
You will typically sue the hospital’s board of directors (who are responsible for general sanitary protocols and the nursing staff) as well as the specific surgeon or anesthesiologist involved in your care.
Is an infection considered a “never event”?
No. “Never events” are inexcusable errors like leaving a sponge inside a patient or operating on the wrong leg. Infections are a known risk, which is why proving negligence is so much harder.
Can I claim lost wages if the infection kept me off work?
Yes. If you successfully prove negligence, your compensation can include damages for pain and suffering, the cost of out-of-pocket medical supplies, and full compensation for past and future lost income.
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