As previously mentioned, medical malpractice suits are complex by nature. If you find yourself in the unfortunate position of having a medical error impacting your life, or the life of someone you care about, chances are that you have many questions. We’ll try to answer some of the most common ones here.
Do I have a case?
Even what seems like a very basic case can have a myriad of complex issues attached to it. We would invite you to contact us for a free initial consultation, or you may choose to use the form under the ‘Start Here’ tab above.
Are there time limits to filing a lawsuit?
Absolutely. If you feel that you may pursue a lawsuit against a hospital and/or doctor, you should seek legal advice from someone with significant experience in the field as soon as possible.
Generally, you have 2 years from the time you are discharged from a hospital to bring a lawsuit. You also have 2 years from the date when you knew, or should have known that the doctor made an error. We can inform you further on these timelines during your initial consultation.
What are medical malpractice lawsuit time frames?
Few medical malpractice cases are settled early. The CMPA vigorously defends its members and does not settle cases on a ‘nuisance’ basis (that being that a case is cheaper to settle than to take through court). This usually results in cases taking longer than a more mundane, non-medical case. The process can run anywhere from two to five years depending on a number of factors.
What are the legal fees?
For the vast majority of people the cost of pursuing a medical malpractice case are out of reach. That’s the bad news. The good news is that for cases that we feel are viable, there are no upfront fees. We will work on a contingency basis, which means that our fees are based on a percentage of monies recovered. When we recover no money, we do not collect any fees.
Where is your office located?
We are located in Alliston, about an hour north of Toronto, but we serve and have served all through Ontario. With technology, serving clients is distant areas becomes much easier. Most records can be sent electronically or via overnight couriers.
Are there monetary limits to medical malpractice cases?
Unlike some other forms of lawsuits, there are no artificial caps on what amounts can be recovered in a successful case. Medical errors can result in significant lifelong costs, and we aggressively pursue the recovery of all costs, both past and future on your behalf.
You likely have a number of questions that are more specific to your case. Give us a call and let us know how we can help you. Remember that initial consultations are free.
