Medical malpractice cases in Toronto would have the same process as with any other complex personal injury case. If a client comes to a medical malpractice claims lawyer with nothing more than allegations, depending on the strength and viability of the allegations, they may opt to enter into a retainer.
It is important to work with a skilled lawyer when beginning the case process for medical malpractice in Toronto, as they can help to streamline the steps and address any issues they uncover with the claim.
Our medical malpractice lawyers can meet with you in Toronto for a free initial consultation. Call (416) 364-2000
It is a necessary part of the Toronto medical malpractice case process to obtain the relevant records from the doctor or hospital. On the basis of the records, an attorney and their client would file a complaint to the College of Physicians and Surgeons to determine whether, on a basis of the potential plaintiff’s allegations, there would be a viable cause of legal action.
Toronto Medical Malpractice Case Process Lawyer Near Me (416) 364-2000
Presuming that the College finds that the applicable standard of care has been breached, they would commence a legal action by way of statement claim, setting out all of the particulars of the alleged negligence as well as the injuries caused and the damages thus claimed.
Once the statement claim is issued, there is a limited amount of time for a statement defense to be tendered in response. Once it is, they enter into a two-phased discovery process. The first phase is what is called documentary discovery and it is the exchange between the parties of any documents that would be relied on in advancing and defending the respective cases.
This phase is followed by the oral discovery process, which comprises examinations for discovery: the in-person examination where each party has the right to have the lawyers examine the other to essentially gauge their respective positions and the strengths of their respective cases.
Once the discovery process and any motions arising from it for more evidence conclude, if they are in Toronto, they are moving towards what is called mandatory mediation.
Other administrative regions do not have that mandatory requirement (the region in which the action proceeds is the region in which the plaintiff resides or where they sustained the harm and its consequent damages). Thus, in some jurisdictions even in Ontario, there will be mandatory mediations. In others, there will not be.
Subject to the applicability of mandatory or voluntary mediation, once the discovery process is concluded, the parties then proceed to a phase called setting down for trial, which involves passing a document called a trial record, comprising all of the court documents that will be relied upon in the case.
Complete a Free Case Evaluation form now
Subsequently, the parties move forward to a pre-trial conference in the Toronto medical malpractice case process, where a judge narrows the issues to be tried in the case. This phase may even result in an out-of-court resolution. Ultimately though, the majority of medical malpractice cases, proceed to trial. That is because only at a trial can the allegations as to the grounds of the action be fully tested.
The main thing that distinguishes the process of a medical malpractice case in Toronto from other cases is the enhanced probability that it will proceed to trial- distinct from the 99% of civil cases that the Ministry of the Attorney General advises are settled before trial. This is because of:
- The complexity of discoverability
- The severity of harm to persons who required medical attention and have gotten worse because it fell short of the standard of care
Ultimately, it is possible for cases to settle when parties believe they can resolve the case more optimally by bargaining in the shadow of the law, in order to avoid a trial that may be a multi-week process that expends tremendous resources of time and energy.
This refers not only to the parties’ legal teams but also the difficult process for the parties respectively, sitting through what is likely to be a multi-week trial that both impugns the doctor’s professional competence and forces the patient to relive traumatizing experiences while being questioned about the same in an adversarial context.