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Medical Malpractice Claim FAQs

  • February 24, 2016
  • free consultation, legal advice, medical malpractice claims, personal injury, Will Davidson LLP,

The fact is that people make mistakes. Unfortunately, sometimes these mistakes can cause serious harm and injury and is cause for a medical malpractice claim. This is true for all professions, including physicians and nurses.

You may believe that you or your loved one has suffered a very bad outcome at the hands of a doctor, nurse or hospital. You might feel that it is pointless to even think about a medical malpractice lawsuit against a doctor because they will just fight and deny any wrongdoing. You may even think that doctors always stick together, and would never say or do anything against another of their kind.

If you have concerns you owe it to yourself and your family to at least investigate the possibility that you have suffered because of medical malpractice. So many people contact us with legitimate questions about the care they have received and wanting to know what if anything can be done to help them.

Here are some of the frequently asked questions we routinely get regarding medical malpractice claims:


Do I have a case? Probably the most common and most important question.

The answer is that expert opinion evidence is required in nearly all medical malpractice cases. Therefore, it is almost impossible to advise a client whether they have a strong case or not until such an opinion can be obtained based on a review of all the relevant medical records.

Why do most lawyers ask for money upfront to investigate medical malpractice claims?

Given the complexity of most medical malpractice claims, it is just impossible to know whether you have a case or not until an expert has reviewed the file. The expert naturally wants to be paid no matter what his or her opinion is about your case. There is also a significant amount of work required by the lawyer to prepare a case to be properly reviewed by an expert. Most lawyers cannot afford to repeatedly bear the costs of investigating cases that ultimately do not go anywhere.

Do you offer contingency fee agreements for medical malpractice claims?

Yes, but only after we have thoroughly investigated your case and determined that it has a good prospect of success.
Can I handle a medical malpractice on my own? Technically, yes, you can represent yourself in a lawsuit against a doctor. If you are not a lawyer, you cannot represent anyone else (such as a family member). That being said, medical malpractice claims are difficult and challenging even for experienced lawyers, and for this reason, the prospect of successfully litigating your own medical malpractice claim would be extremely poor.

Where do you find experts?

Having worked with a variety of physicians and nurses over the years, we are able to draw on a large network of qualified experts willing to give honest opinions on the cases they review.

Can you give me the name(s) of the experts you use?

Physician and nursing experts prefer to have lawyers act as intermediaries, and as such, it is not our practice to publicly divulge the name(s) of the experts we use to investigate our cases.

Should I make a complaint About my Medical Malpractice Claim? 

All regulated health professionals have a college that oversees quality patient care. In Ontario it  is the College of Physicians and Surgeons of Ontario or the College of Nurses of Ontario. All of these colleges offer a way for patients to make a complaint and to have the quality of their care reviewed by the peers of the health professional. These complaints will not result in any kind of financial compensation, nor are they admissible in Court. However, many people believe that by making a complaint they may be helping to prevent the bad outcome they experienced from ever happening again in the future. For this reason, it is our usual practice to recommend to clients to make these complaints so that at a minimum their concerns can be heard.

Contact a Medical Malpractice Lawyer in Toronto and Oakville

If you believe you suffered harm because of medical malpractice, which could include anything from a complication from a labour and delivery in the obstetrical ward, to a misdiagnosis in the emergency room, to a medication error by your family physician, or for any other reason, please contact Will Davidson LLP. One of our medical malpractice lawyers would be more than happy to see how we can assist you by providing you with a no-obligation consultation. With offices in Toronto, Oakville and across Southern Ontario our medical malpractice lawyers have the expertise and experience to ensure you and your family get the results that you deserve. Call Today 866.840.9002!

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