1.877.201.9030

Call now: 1.877.201.9030

Our News

Richard Shekter featured on AdvocateDaily.com: Negligence and damages required for successful med-mal cases

Sep 13, 2018

More than a medical mistake is needed before plaintiffs can mount a medical malpractice case, Toronto litigator Richard Shekter tells AdvocateDaily.com.

Shekter, a partner with Shekter Dychtenberg LLP, says it’s a common misconception among non-lawyers that an obvious medical error will automatically result in a claim against the professional who was responsible.

“It won’t actually, because in order to establish a claim of negligence, you need a mistake and then you need damages that arise as a result of the mistake.

“Without both, you don’t have a case,” says Shekter.

Many claims fall short because they can’t prove both key elements, he explains. For example, a number of former patients have launched claims against hospitals after contracting necrotizing fasciitis, colloquially known as flesh-eating disease, during their stay.  

In these cases, Shekter says the damage is clear since the disease can easily result in the deaths of victims. However, plaintiffs have struggled to show that there was a breach of the standard of care given by the attending professionals.

“Doctors have been able to successfully defend themselves by showing that they did nothing wrong and that even an earlier intervention with specific antibiotics would not have made any difference to the end result,” he says.

To read more, click here.

Related Information

Richard and Alden, are without a doubt, a pleasure to work with. When a car accident tragically took my parents, the tragedy was multiplied by the fact that my parents cared for my mentally handicapped brother, Mike. While I was busy making new living arrangements, and dealing with estate and guardianship issues, Richard and Alden took the reins, and charged forward to protect my brother’s future.  It was critical to get Mike the largest settlement possible. Not unusual in Down Syndrome kids, Mike started to show signs of early onset Alzheimer’s during this process, causing more concern for his future wellbeing and security. This laid more financial burden on myself by causing me to take a leave of absence from work, and eventually to hire a live-in caregiver. All the while, Richard and Alden plugged away taking care of matters with minimal phone calls and visits to the office. Everything was carefully explained, and Richard was beside me, whether dealing with the insurance company, talking to annuity specialists, or dealing with my own investment bankers. In the end, the settlement was finished in a timely manner, with some money to relieve my financial burden, but more importantly, enough money to ensure that Mike can keep his current standard of living and remain financially independent well into the future. It took an enormous amount of pressure off me, and I can never thank Richard and Alden enough for all they did. For the time that I’ve known Richard and Alden, I’ve found them to be honest, reliable, hardworking, conscientious, and courteous.

I would highly recommend this firm to my family, and have in fact recommended them to a close friend.

David Jenkins

Shekter Dychtenberg LLP Footer Logo

You don’t pay unless we win
1.877.201.9030

Suite 2900, 390 Bay Street, Toronto, ON, M5H 2Y2 | T. 416.941.9995 | F. 416.869.0321
©2012 Shekter Dychtenberg LLP. All rights reserved.

Law firm marketing | Cubicle Fugitive