Q: Isn’t it impossible to win a medical malpractice lawsuit because doctors all stick together?
A: In order to be successful in a medical malpractice lawsuit, you will need several medical and nursing experts to support your case. While there are many physicians and nurses who do not want to participate in a lawsuit, at Brock Medical Malpractice Law PC, we have worked with hundreds of medical and nursing experts who are willing to assist us with our cases.
Q: Should I get my medical records before contacting your law firm?
A: You do not have to get your medical records before contacting our law firm. Instead, we ask that you or someone you trust write out a one-page summary of your complaint including the name of any health care provider and hospital or clinic where the alleged malpractice took place.
Q: Do you charge a fee for an initial appointment?
A: No, we do not charge a fee for an initial appointment which usually takes between one to two hours.
Q: How much is the retainer up front when I hire your law firm?
A: At Brock Medical Malpractice Law PC, there is no initial monetary retainer when you hire our law firm to assist you with your lawsuit.
Q: How do I pay you to handle my lawsuit?
A: At Brock Medical Malpractice Law PC, we offer you two ways for you to pay our fee account. First, you can pay us on a “fee for service” basis in which case we will bill you monthly for the work we perform for you and for the disbursements we incur on your behalf to investigate and then prosecute your case. Second, you can pay us on a “contingency fee basis” which means you do not pay us anything until after your lawsuit is either settled or we are successful at a trial. We will then charge you a fee which is a percentage of your compensation package plus HST and disbursements. Our fee is therefore “contingent” on how much we recover for you. Please see the Fees page of our website for more information.
Q: Isn’t it true that the more people I sue in the lawsuit the higher my compensation package will be when we win?
A: Your compensation package is not based on the number of people (defendants) you are successful against in your lawsuit. Damages are calculated independent of the number of defendants in the lawsuit. Your compensation package is calculated based on your own personal circumstances and the damages number, once calculated, does not change because of the number of parties you sue.
Q: How long will my lawsuit take?
A: The length of a lawsuit depends on various factors including, but not limited to, (1) the complexity of your case; (2) the time it takes for the recovery from your injuries to plateau; and (3) the availability of the lawyers and the courts to move your case forward.
Q: Is it true that all I need to prove to win my case is that a doctor made a mistake in treating me?
A: In order to be successful in your medical malpractice lawsuit, you will need to prove several things: (1) at least one health care provider fell below an acceptable standard of care in the treatment that was provided to you (i.e., the health care provider was “negligent); (2) the negligent treatment caused you a significant injury (i.e., the “causation” test); and (3) you have suffered damages that you should receive compensation for.
Q: Will I have to testify at a trial?
A: Not every case goes to trial, but you should be prepared to testify at a trial if your case cannot be settled beforehand.
Q: Do you take on every case?
A: Unfortunately, we cannot take on every case. We are very selective in the cases we agree to take on. From time to time, when our caseload is full, we close our practice and do not take on any new files. Due to conflicts of interest, we will not take on any cases against our local hospital, Royal Victoria Regional Health Centre, or any health care providers practicing out of Barrie.
Q: Do you have clients outside of the Barrie area?
A: Yes, we represent clients from all over Ontario, however, due to conflicts of interest, we will not take on any cases against our local hospital, Royal Victoria Regional Health Centre, or any health care providers practicing out of Barrie.
Q: I do not live in the Barrie area. Will I have to come to your office on a frequent basis?
A: Most of our clients have never been to our Barrie office. We travel frequently to meet clients in the towns or cities they live in. Most of our clients retain us over the telephone after several calls. We also Face Time with clients when necessary.
Q: How much time do I have to start a lawsuit?
A: Typically, a person can start a lawsuit within two years from the date they knew or ought to have known they sustained an injury as a result of a health care provider’s negligence. If the case is about a death in a hospital, the limitation to start the lawsuit is two years from the date of death. There are legal arguments that can be made to extend the time to start the lawsuit, but those legal arguments are difficult to win and are usually vigorously defended by the other side in your lawsuit.
Q: How do you know how much my case is worth?
A: We will not know the value of your compensation package until we understand a number of things including, but not limited to, (1) the extent of your injuries and your recovery; (2) if you have lost employment income and, if so, how much based on your history of income tax returns; (3) your out-of-pocket expenses; (4) whether you will require assistance in the future with your activities of daily living; and (5) whether you have any family members who should be included in the compensation package under the Family Law Act.
Q: In our initial telephone call, will you tell me if I have a good case?
A: Unfortunately, we cannot tell you in our initial telephone call whether your case has merit as we must investigate it first. We must request, receive and review your relevant medical records. We then retain and work with several medical and nursing experts to develop a theory (or theories) of your case and determine whether we can prove on a balance of probabilities that you will be successful in your lawsuit.
Q: Is it true there is a cap amount on an award for pain and suffering?
A: Yes, there is a cap amount on an award for pain and suffering. In 2024, the cap amount is approximately $450,000. This amount is typically awarded to someone whose injuries and resulting disabilities are so severe that the person cannot take care of their own activities of daily living without significant assistance, and they cannot and will likely never work in full-time competitive employment.
Q: If I sue my doctor, will I have to find some other physician to treat me?
A: Yes, if you start a lawsuit against your doctor, that physician will no longer treat you.
Q: Are my family members entitled to compensation for my injuries?
A: Under Ontario legislation called the Family Law Act, family members may be entitled to compensation as a result of a relative’s injuries, however, there are certain requirements and limitations to those claims, and each case turns on its own specific facts.