FAQs
Anyone considering a medical malpractice lawsuit will have questions. Below are some of the most common questions we receive.
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 (866) 665-0657.
There is some general information about how we assess cases on this website under the heading Case Evaluation.
There are important deadlines for starting lawsuits, known as limitation periods. If you do not start a lawsuit within this period of time, you typically lose the right to sue. The law concerning limitation periods is complex and you will need to talk to a lawyer to discuss the limitation periods which may apply in your situation
The general rule in Ontario is that you must start a lawsuit against most healthcare professionals and hospitals within two years from when you knew or ought to have known of the negligence (the mistake that caused harm to you). Fatality claims must generally be filed within the earlier of two years from the date of death or when you first knew of the negligence.
There are some exceptions but you would need to have a more detailed discussion with a lawyer to understand those better.
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 5 or 6 years. However, most lawsuits at our firm take between 3 and 4 years to complete from our initial contact with the client.
For most people the cost of suing a doctor or other medical professional is out of reach. As a result, we normally represent clients on a contingency basis, where we charge only if the case is successful.