Medical Malpractice FAQ
Anyone who may be considering a medical malpractice lawsuit will likely have questions. Below please find answers to our most frequently asked questions.
Do I have a case?
Our firm cannot determine whether you have a case without first obtaining some basic information from you. However, our telephone consultations are completely free, and you can reach us at our toll-free number, (866) 320-4770. You can also find some general information about how the professionals at Greg Monforton and Partners assess a case on our Case Evaluation page.
How much time do I have to sue?
Important deadlines known as limitation periods are important when starting a lawsuit. Generally, these periods follow the general rules below, but important exceptions exist, especially for victims such as children and the mentally disabled.
In order to sue a hospital in Ontario, you must file your lawsuit within 2 years of the date you were discharged from the hospital following your injuries.
When suing a doctor, your lawsuit has to be filed within 2 years from the date that the doctors error became apparent, or should have become apparent. If the error occurred prior to 2004, the period to file is only 1 year.
Laws about limitation periods are complicated. To discuss the limitation periods that may be relevant in your case, contact an experienced medical malpractice lawyer.
How Long Does it Take to Sue Someone?
Often due to the parties involved, medical malpractice lawsuits rarely settle early and can become fairly complex. While the majority of cases do settle, they may not be settled until the weeks leading to trial. When a case goes to trial and the appeal process, the case may take 4 5 years to obtain an outcome. At Greg Monforton and Partners, most medical malpractice cases we handle are completed about 2 3 years from the time we are first contacted by our client.
What Does it Cost to Hire a Lawyer?
Most individuals don't have the financial resources to sue a doctor or other healthcare professional. This is why our Windsor personal injury law firm agrees to accept clients on a contingency basis, which means our fee is based on a percentage of the damages recovered. If we fail to recover financially, we don't charge a fee. Our contingency fees are a reflection of our significant expertise in the areas of medicine and law. To learn more about our fee structure, visit our Fees page.