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Frequently Asked Questions
Anyone
considering a medical malpractice lawsuit will have
questions. Below are some of the most common questions
we receive.
Do I have a
case?
We cannot
determine if you have a case without at least some basic
information. However, our telephone consultations are
free. Our toll-free telephone number is (888) 441-3341.
There is also
some general information about how we assess cases on
this website under the heading
Case Evaluation.
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How long do I
have to sue?
There are
important deadlines for starting lawsuits, known as
limitation periods. The general rules are described
below, but there are important exceptions, particularly
for children who have been injured and individuals with
mental disabilities.
Hospitals: In Ontario if you are suing a hospital
you must sue within 2 years from the date you were
discharged from the Hospital.
Doctors:
If you are suing a doctor your lawsuit must be filed
within 2 years from the date when you knew or you should
have known that the doctor made an error. If the mistake
occurred prior to January 1, 2004, the period is 1 year.
The law
concerning limitation periods is complex and you should
contact a lawyer to discuss the limitation periods which
may apply in your situation.
How long
does a lawsuit take?
Medical
malpractice lawsuits are often complex and are rarely
settled early. Although most cases settle, they most
frequently settle in the weeks prior to trial. If it is
necessary to take a case to trial and through an appeal,
the process can take as long as 4 or 5 years. However,
most lawsuits at our firm take between 2 and 3 years to
complete from our initial contact with the client.
How much
will it cost?
For most people the cost of suing a doctor or other
medical professional is out of reach. As a result, we
mainly agree to accept cases on a contingency basis,
where our fee is based on a percentage of money recover.
Where we recover no money, we charge no fee.
Our fees reflect our
significant expertise in the area of medicine and the law.
More information about our fees is available under the
heading Fees.
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