HomeNews Legal News Why Are Medical Malpractice Cases so Expensive, and How Do Contingency Fees Help?

May 21, 2020 in News --> Legal News

Why Are Medical Malpractice Cases so Expensive, and How Do Contingency Fees Help?

Medical Malpractice Costs - Neinstein Medical Malpractice Lawyers

Medical malpractice lawsuits can be extremely complicated. They often deal with complex technical issues beyond the purview of medical malpractice lawyers, let alone jury members. For this reason, most medical cases rely on detailed testimony from expert witnesses. Complicating matters further is the Canadian Medical Protective Agency (CMPA), the organization that protects doctors against malpractice claims and favours aggressive defence tactics.

The result is a system in which malpractice cases are exorbitantly expensive. Few plaintiff-side personal injury law firms accept malpractice cases in Ontario – Neinstein Personal Injury Lawyers is one of them. We are able to do so because we work on a contingency basis. In other words, our lawyers accept a percentage of the client’s settlement amount as payment rather than charging legal fees up front. This arrangement allows us to pursue justice without putting our clients in financial jeopardy.

A recent Law Times article illustrates exactly why medical malpractice cases are so costly and how contingency fees help lawyers provide access to justice. The article focuses on Cheesman et al. v. Credit Valley Hospital et al., a case where a plaintiff sought millions in compensation after losing parts of her hands and feet to amputation necessitated by infection.

“To be successful in a medical malpractice action, a lawyer is absolutely required to focus on what the case needs, not what it’s going to cost,” one plaintiff lawyer told Law Times. That means seeking out the expert witnesses necessary to convince a jury that medical negligence occurred.

“I firmly believe that one of the reasons we were successful in Cheesman is that we were able to retain a world-renowned infectious disease expert,” the lawyer explained. “He was clearly seen as head-and-shoulders above the other experts… That level of expertise comes with a cost.”

The plaintiff eventually claimed legal fees of nearly $2.7 million and disbursements of more than $660,000. Total legal fees for the case exceeded $5 million and the reports from expert witnesses are estimated to have cost tens of thousands of dollars each.

“I do not believe that a plaintiff will generally be able to advance a medical malpractice action without a contingency arrangement,” the plaintiff lawyer concluded. “All medical malpractice actions take thousands of hours of lawyer time, expert reports, easily costing in the range of $50,000 to $100,000 – and that’s before stepping foot into a court room.”

If you or a member of your family has been injured in a medical accident, contact Neinstein Personal Injury Lawyers today to schedule a free, no-obligation consultation. Our experienced team of medical malpractice lawyers will happily review your case and explain the next steps.

 

Image: Shutterstock

Categories
Category Selector

Select a category relevant to you.

 
Close
 
Close
 
Close
 
Close
 
Close
 
Close
 
Close

Book a Free
Consultation

We will not charge you any fees unless your case is successful.

Share Additional Details (Optional)

 
N.V. & K.H Medical Malpractice Lawyer Testimonial from N.V. and K.H.
"We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.

Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he was very personable.

Throughout the four-year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first. One of the most important attributes that Duncan possesses outside of his legal skills is his ability to understand our family dynamics and keep us informed at every step of the way.

This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.

In the end Duncan not only got us the result that was needed and deserved but he did so with putting our family first and in our fragile mental and emotional state we could not have asked for anything more. It's great to know that we now have the ability to take care of our daughter and her future needs.

I would recommend Duncan without even a moment's hesitation to anyone that needs expert legal advice and guidance. He is Master of his craft and truly cares about the families he represents."
 
C.R. Medical Malpractice Lawyer Testimonial from C.R.
"In 2010, I met Duncan for the first time with my wife. He explained to me that he had reviewed all the information I had sent to his firm and he said he couldn't believe what he was reading. With that he looked at me and said he would like to help me, because there is a good cause for legal action. So he took the case and things started moving along. The ordeal took many years but we eventually closed the case.

During that period, I spent a lot of time with Daniela and a lot of time with Duncan. They came to my home many times to go over things with me and my wife; they took care of the whole legal process for me.

I feel that after 5 years we have more than a professional connection; we developed a strong friendship. I feel more than just a client; I feel like they care about me, my family and my welfare. The way he talks about his clients is very endearing. He is a very compassionate man and he remembers all details about his clients which is very reassuring. You couldn't ask for two people to represent you better than what they did. They just don't exist. Over all those months, that I went through the discovery, pre-trial and trial other lawyers would come up to me and say "You are a fortunate man, Duncan is one of the best lawyers you are ever going to get" and that wasn't just one time, it was several times that other lawyers came up and told me that. I always felt very confident in working with Duncan. He changed my life for the better and for that I am so grateful."
 
Farima M. Medical Malpractice Lawyer Testimonial from Farima M.
"I have never seen a lawyer like her, that she cares about the client, understand me and my problem listening to me explaining as much as I need, answered all my questions and I'm lucky to have her help me. Thank you so much for your help and hard work."
 
Bela P. Medical Malpractice Lawyer Testimonial from Bela P.
"To those who are experiencing any injustice or insurmountable degrees of stress over an injury or the loss of a family member due to unexplained issues, you need not look any further. The Neinstein team are there for you and to relieve your pain. I'm very pleased to have met Duncan and Erik, who took on our case re the loss of our mother. I assure you that you're case will be well taken care of. Thank you Erik and Neinstein."
 
Anna S. Medical Malpractice Lawyer Testimonial from Anna S.
"Duncan Embury and Sonia Nijjar at Neinstien helped us through one of the most difficult and vulnerable times of our lives. We were impressed with their professionalism and responsiveness to our needs as well as their compassion for our situation. They earned our trust with their hard work and I would not hesitate to recommend them to others."
 
Rathini S. Medical Malpractice Lawyer Testimonial from Rathini S.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
Rathini S. Medical Malpractice Lawyer Testimonial from David R.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
J.R. Medical Malpractice Lawyer Testimonial from J.R.
"Duncan and Sonia met my family at a time where we were dealing with very difficult circumstances and couldn't see the light at the end of the tunnel. They took on our complex case and fought for us tooth and nail until they sought justice for us! We are so incredibly grateful for their perseverance and grace. We couldn't have gotten through it without them. Thank you."
 
D.D. Medical Malpractice Lawyer Testimonial from D.D.
"5 Stars !!!!! We both feel grateful to Neinstein and its lawyers for accepting us as clients. Daniela Pacheco patiently explained to us processes and next steps. Her guidance provided comfort. She always fought for us and never gave up. We were represented with compassion and our cause was pursued with determination and commitment."