Practice Areas
Blog
News
- Local Physician Held Liable to Cancer VictimPosted on 7/22/2009
Library
Q: How do you decide whether to accept a medical malpractice case?
A: Major studies have shown that medical error resulting in serious injury or death occurs with alarming frequency. One insurance organization represents at least 90% of the doctors in Canada -- the Canadian Medical Protective Association, or CMPA. The CMPA is known for its aggressive defence of claims, and spends almost as much on legal expenses as it does on settlements and awards. About two-thirds of legal actions are discontinued before trial without payment, and of those that do go to trial, patients lose at least 80%.
The injured patient who seeks money damages from a physician suffers from a major disadvantage -- lack of knowledge and expertise about medical matters. Virtually every case against a physician requires support from an expert willing to testify in court. In a small medical community such as Newfoundland and Labrador, such expert support is hard to obtain. Usually, testifying experts must be found outside the province. That is why you can benefit from our extensive network of unbiased experts willing to review your claim. Obviously, great care must be taken before starting a medical malpractice claim.
At Ches Crosbie Barristers, we help you to avoid the disappointment of losing by carefully evaluating your case for merit, and insuring that it is financially feasible. Feasible means that damages potential should be substantial, to justify the risk, time and expense. Meritorious means that there is a strong case, backed by authoritative medical experts, that there has been a deviation from the medical standard of care (negligence), and the deviation has caused the injury.
If a case appears financially feasible, we can investigate for merit. We do this by obtaining all relevant medical records and reviewing them with an independent medical expert. After investigation, a case is accepted for litigation only if it is financially feasible and it meets our stringent standards for merit.
Cases that are financially feasible typically include cerebral palsy, injuries at birth, anesthetic accidents, surgical mishaps, misdiagnosis of heart attack or other life threatening conditions and diseases, and other cases involving serious injury or death.
Within our financial ability, if your case is financially feasible and we obtain an opinion of merit, the case can move from investigation to litigation. You can benefit again from an ethical contingent fee agreement -- we're paid when we win your case and you collect. And we may advance case expenses -- potentially many thousands of dollars -- to prove your claim and relieve the financial burdens on you.
Because we cannot evaluate the merits of a potential claim without medical advice, we usually ask a deposit of $3,000 to obtain a chart review and opinion from a qualified medical reviewer. Exceptions to our deposit policy may be made in deserving cases.
Free Book
Free Consultation
Please complete this short form and a representative of the firm will contact you to discuss it in more detail.
Ches Crosbie Barristers
169 Water Street
St. John's, NL
A1C 1B1
Phone: (709) 579-4000
Fax: (709) 579-9671
Toll Free: (888) 579-3262
Get Directions