MEDICAL MALPRACTICE court vs small claims
66LAWYER FEES What You Should Know
So a Doctor butchard you and now you want him to pay for his mistake. You would not believe the things doctors are getting away with these days. Medical Malpractice Lawsuites are hard to win. Its a sad truth but unfortunately its a fact. Unbelievably it is hard to prove incompitance. There are so many excuses a doctor can give as to why something went wrong. Disproving his point is hard to do. The cost incurred is outrageous. Lawyer fees are one issue, Specialists fees are another. Then there is the long dragged out trial. Oh yes the defendands lawyer will be sure to drag the trial out so long that it will be impossible for you to keep up with the fees.
The best solution in my opinion is small claims court. You may not be awarded as much as you initially anticipated, but the cost of the court fees anyone can afford and the defendant can not drag the court process out. The process is more simple, you get to say what you want, express your feelings your way and it won't put a damper on the pocket book. Another benefit is the doctor your suing won't have a fancy lawyer to present his case. There are no loop holes for him to disguise his mistake under. The process is so much quicker and less stressful.
If you get a lawyer the one benefit is your lawyer will get all the evidence for you like the hospital records and family doctors records and you can sue for more money. The downfall, The average price in Canada for one specialist to appear in court is $1500 to $3000, Your lawyer will want more than one specialist. So you can double that fee. Lawyers fees are usually a minium $2000 dollar retainer and then multiples of thousands to appear in court. Not only that, the maximum amount you can ask for in Canada is $350.000. In order to ask for that much you would have to be in a vegetative state and missing organs.
Perhaps you are thinking you will get a lawyer to take your case and just take a percentage of your winnings, Well be aware before you sign those papers. You see, what your lawyer will not tell you is that you have to cover all the costs incurred. Then when you say you don't have that kind of money and you can't get a loan, your lawyer will send you a bill for administrations fees and retrieval of hospital and doctors papers. The sad truth is your lawyer knew this in the beginning, because you gave him proof of your income, but he still went ahead, billing you $300 to $700 for doing nothing is quite an achievement. The lawyers legal secretary is the one who places the calls to the hospital and doctors office and asks then to email, fax or mail a copy of the records. Which in reality only took 10 minutes on the phone for each call.
Be aware of what you are getting yourself into before you decide to sue a doctor for medical malpractice. Be sure to investigate all your options and make sure you read everything. Don't let your lawyer explain what is on each page and then sign, take everything home, look up the definitions of words on paper, so you know what your agreeing to. Google a lawyer, the doctor you are suing and small claim court cases. Make sure you are making an informed decision. In the end you will see it is easy for you to get the evidence you need for small claims court and alot cheaper. Why not just do it yourself. In my opinion your odds of winning your case will be better.
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