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Why choose Torkin Manes?

Our lawyers have a deep understanding of the issues and are widely respected, particularly for our considerable strength and experience as trial counsel.

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Top Legal Considerations

1. You have the right to see your medical record and make copies. 2. You have the right to a second opinion if you are in doubt...

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Q: How long will a lawsuit take?
A: The length of a lawsuit varies from case to case and is based on many factors. These include the availability of the Court or the other lawyers involved in a case to meet the various procedural steps a lawsuit goes through, the willingness of a defendant to settle the case, the complexity of the injury or the related medical procedures, and the availability of the necessary experts or other resources needed to prove your case. Although some cases can move quickly, others may take years to resolve.
Q: I don’t have money to hire a lawyer. If you take my case, do I have to pay you?
A: If we decide that we can take your case, we can discuss retainer options with you. In some circumstances we will prosecute lawsuits on a contingency-fee basis, where we would take a percentage of the eventual damages or settlement in payment of our legal fees. In that type of arrangement, if the case is unsuccessful, you do not have to pay our legal fees.
Q: Do I have to pay you for a first consultation?

Our firm provides free first consultations on medical malpractice and personal injury matter.

Q: Can I come and meet with you to talk about my potential case?
A: Where possible, we will set up a face-to-face meeting to familiarize you with the process, your options and whether we may be able to help you.
Q: I am very sick. If I die, or if something happens to me, what happens to my lawsuit?

If a person is physically or mentally incapable of starting or continuing a lawsuit, a Litigation Guardian (representative) may be entitled to step into the shoes of the injured person to allow the lawsuit to proceed. If an injured person passes away during the course of a lawsuit, the lawsuit becomes automatically on-hold. An estate representative, either designated in a Will or by the Court, can choose to continue the lawsuit in the name of the estate.

There may be certain risks to acting as a representative for someone else in a lawsuit. It is important to seek legal advice before you decide to act in that capacity.

Q: I want to make sure my doctor can’t do this to anyone else. If I sue my doctor, will he be punished?

Doctors and other Regulated Health Professionals licensed to practice in Ontario are governed by their respective Colleges (e.g., the College of Physicians and Surgeons of Ontario). These regulatory colleges are responsible for any discipline or sanction on the conduct of their members. 

Patients can make formal complaints to the health professional’s college about a practitioner’s conduct. The colleges have no jurisdiction to compensate victims of medical malpractice. In contrast, a medical malpractice lawsuit deals with compensation for victims of medical mistakes caused by a practitioner’s negligence (wrongdoing). 

The Courts hear cases in which victims claim damages against health care practitioners for injuries suffered and decide the amount of damages, if any, that should be paid. The Courts have no jurisdiction to limit the doctor’s ability to practise medicine; however, the case law generated through civil lawsuits often sets the standard for care, influences public policy and can affect legislative changes. As such, a civil lawsuit may indirectly influence how the health professions operate.

Victims of medical negligence are entitled to take both courses of action if they wish.

Q: Can you tell me if I have a case based on my answers to your questionnaire?
A: Medical malpractice matters are often very complex. In order to give you a legal opinion, we may need to conduct further medical-legal investigations. If we suggest that such an investigation is appropriate in your case, we will discuss retainer options for that purpose.
Q: How much will I get if I win my case?
A: An injured person may be entitled to compensation for such things as pain and suffering, loss of income, medical and care expenses and other losses related to the injury. The person’s family may also be entitled to claim for losses they have suffered as a result of the injury or death of a family member. Each case is evaluated on the facts specific in the circumstances. As such, the potential value of a particular case sometimes cannot be determined for some time. It is best to consult a lawyer about your specific circumstances to estimate the potential value of your case.
Q: Do I have to sue right away? Are there any time limits?
A: Generally, a person who has been injured has two (2) years from the date of the alleged wrongdoing or when they knew, or ought to have known that there was wrongdoing, within which to sue. That said, the time limit to sue or to complete preliminary steps applicable to your case may be different for a variety of reasons. As such, you should consult a lawyer right away to make sure that all the necessary steps are being taken on time. In the case of children who have been injured, there may be a longer time limit.
Q: Is what I tell you over the phone or in your questionnaire confidential?
A: Everything you say over the phone or write in our questionnaire remains in confidence with our firm. We are allowed to disclose information only if the law requires it.