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Choosing a
Lawyer
Medical malpractice litigation is extremely
complex and it is crucial for your lawyer to have a comprehensive knowledge of the medical
and legal issues. Choosing a lawyer to advise you if you have a claim or not and to
advance your case through the courts is one of the most important decisions you will make.
There are many lawyers who take medical
malpractice cases in Ontario. However, there are relatively few that devote a substantial
amount of their time to this specialty.
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You should find a lawyer with special expertise
in medical malpractice, and just as importantly, you should hire a lawyer that you believe
you can work with. Choose a personality type that fits well with yours. You may be working
together for several years.
The First Meeting
Your first meeting may be
in person or over the phone. You should consider preparing a written
summary of all of the important facts in your case (for example, the names of
the doctors and hospitals that treated you, the dates of all
important medical examinations etc.)
From this initial meeting you will get a sense
of that lawyer’s ability as well as a sense of whether you will be able to work with
him or her.
Initial Advice
There are very few cases that demonstrate
clear-cut malpractice, so you should be skeptical of any guarantees
of success.
An experienced medical
malpractice lawyer should not tell you to expect an early settlement. These types of cases almost always require extensive
investigation, research, evaluation and consultations with medical experts. They are
typically defended vigorously. The average time that passes in a medical malpractice case
from the first interview to settlement or trial ranges between 2 to
5 years, depending on the case and the law firm.
Questions to Ask
You should ask your potential lawyer:
- Does the lawyer have significant trial experience
in medical malpractice cases?
- What experience does the lawyer have in
handling medical malpractice claims like yours or similar cases?
- Who at the firm will be involved with your case
and what is each person’s experience and what will their role be?
- What resources does the firm have available to
assist in dealing with your claim including people, technology and
medical resources?
- What experts does the lawyer have available to
assist in the evaluation of your case?
- How much continuing legal and/or medical
education does the lawyer regularly undertake?
- How much (if anything) will you be required to pay up front to
support the initial evaluation of your case?
- Will you be required to
pay for any of the
legal expenses (cost for experts and so forth)?
- What is the estimate of total fees and
legal expenses and how will they be paid?
Location
Having a lawyer located close to where you
reside is a convenience but not a requirement. With
advances in technology and the easy availability of courier services most malpractice
actions can be run by a law firm located anywhere in the province.
Our firm is involved in cases across Canada.
Specialists tend to
practice near major metropolitan areas. All of the medical
malpractice defence firms are located in major urban centres.
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