I think that a medical error has been made. What should I do?

First, has your recourse been prescribed?

You may have a good claim, but if you wait too long you will not be able to present it—even if it is valid. This principle is called “prescription.”

The rule of prescription states that the intent to make a claim must be made within three years of an error, or within three years of becoming reasonably aware of the existence of an error. There are several exceptions to the rule, but it is nonetheless very important to act with the greatest of diligence.

What is the procedure to follow in the case of a medical error?

In general, a claim resulting from a medical error follows a series of steps.

1. Initial interview

During an initial interview we will develop a thorough understanding of your situation and prepare a list of steps for you to follow to help us in assessing the chances of success of your claim.

2. Obtaining medical files

It is usually impossible to evaluate with any certainty a claim linked to a medical error without obtaining the appropriate medical files. Unfortunately, hospitals and physicians often charge an inflated photocopy fee to obtain these files.

3. Expert opinions

Once the appropriate medical files have been obtained, an experienced attorney can often conduct a preliminary evaluation. However, in the vast majority of instances, it is usually desirable to discuss a case with an expert witness or to send medical files to a potential expert witness for evaluation.

It is here where the high costs associated with cases of medical error begin in earnest.

In effect, a competent expert often charges from $250 to $350 per hour to review files and render an opinion. In addition, there is no guarantee that the expert will agree to testify on your behalf. Often it is necessary to engage a myriad of experts to present the entirety of a case.

However, if you proceed and you win your case, costs of engaged expertise will usually be reimbursed, and in certain instances arrangements on payment will be concluded.

How much will it cost?

Files of this nature generally demand an enormous amount of work and the process can be very time-consuming and lengthy. It is thus a process that can be very costly. During the initial interview we can discuss different ways of financing your file. We operate at times on a standard hourly rate, at times on a fixed rate for certain steps in a file (such as a preliminary analysis). It also happens that we accept to be remunerated according to a percentage of the amount you might win. In this case, we earn nothing if you have no gains of cause but you remain responsible for costs of experts and other disbursments.