6 questions to ask before hiring a medical malpractice lawyer

6 Questions to Ask Before Hiring a Medical Malpractice Lawyer

If you’ve suffered the consequences of medical malpractice and are interested in making a claim, then your first call should be to an experienced lawyer.

Medical malpractice law is a highly specialized area of law, given that the legal issues involved are often very complex.

When attempting to find a medical malpractice lawyer to act on your behalf, use the following six questions to determine whether or not they’ll be able to understand the intricacies of your case and bring it to trial.

1. What experience do you have with medical malpractice, specifically, going to trial?

While on some occasions it may be acceptable to be assisted by someone still learning the ropes, pursuing a medical malpractice claim is not one of them. For the best results possible, you will want a lawyer who has significant experience.

The lawyer representing you must have extensive knowledge of, and practical application in, medical malpractice litigation with a record of taking medical malpractice cases to trial.

Medical malpractice cases go to court more than any other area of personal injury law. You’ll have a greater chance at a successful trial with a lawyer that is an experienced medical malpractice litigator.

In addition, expert evidence is a major requirement for most medical malpractice claims. As a result, the best medical malpractice lawyers know how to build a strong foundation for your case by retaining highly qualified and recognized medical experts to testify on your behalf.

2. How do I know if my case is valid, and what do I need to demonstrate this in court?

In order to prove the validity of your case, you must show that your doctor or health care provider breached the standard of care, directly resulting in injury or damages. Doing this requires you to show that the care and treatment provided were below the generally accepted standards of a similarly qualified professional giving the same treatment.

In addition, you must prove that if you received the proper level of care, then the injuries or damages incurred would have been avoided or not suffered at all.

This is the point in a medical malpractice case where experts play a significant role. During the trial, experienced experts set out the standard of care for each profession and provide evidence about whether those standards were met.

The best medical malpractice lawyers understand the importance experts play in making your claim and have access to an extensive network of knowledgeable professionals who can speak on your behalf during the trial.

3. How much does retaining a medical malpractice lawyer cost?

As anyone who has filed a personal injury claim or needed to retain a lawyer for any reason can tell you, lawyer fees can be extremely expensive. However, unlike many other medical malpractice firms, Sommers Roth & Elmaleh operates on a strict contingency fee basis.

The costs associated with pursuing a medical malpractice lawsuit can be very high, and resolutions are rarely reached quickly.

By acting in the best interest of our clients, we handle these upfront costs until the completion of the trial. As leading medical malpractice lawyers, our team at Sommers Roth & Elmaleh has been helping clients affected by medical errors and sub-par medical services for more than 40 years.

Due to our expertise and experience, we’re so confident in our ability that you will only need to pay us if your case is successful.

4. What personal information do I need to provide?

In medical malpractice cases, the burden of proof falls on the plaintiff. This means it is our responsibility to effectively demonstrate that the standard of care did not meet medical expectations and, as a direct result, caused your injury or damages.

In order to do this, records regarding your health history and well-being will be relevant during the trial, and you may have to share your most recent medical records. In addition, you should be prepared to answer a significant number of personal questions from both your lawyer and the defence lawyer.

For example, if you allege a loss of income, your tax records, your tax returns, and other financial documentation may be examined. .

5. What timeline should you expect for the trial?

The length of each medical malpractice lawsuit varies depending on the facts of the case and extent of the claim you’ve made. Some of the steps involved in a medical malpractice lawsuit include collecting relevant medical records and investigating the merits of the case, issuing the Statement of Claim, receiving the Statement of Defence, and attending examinations for discovery, mediation, and trial.

The best medical malpractice lawyers have extensive experience taking claims to trial and understand the extent of each motion throughout the process. As a result, they can provide you with an approximate timeline of the different milestones in your case, and how they expect you to participate.

Our lawyers at Sommers Roth & Elmaleh are well equipped to handle any medical malpractice claim and have unique experience in the following areas:

When your legal rights are infringed upon by someone else’s negligence, you may be entitled to a monetary award. Depending on the extent of your injuries and a range of other factors, you could be entitled to a very substantial monetary award.

6. Are you recognized by national organizations for your expertise?

Professional recognition speaks to a lawyer’s professional experience and success in their field. Some of the best medical malpractice lawyers have received awards for their contributions to the industry, success on various high-profile cases, published articles, and often teach others about these types of claims.

At Sommers Roth & Elmaleh, our peers have recognized us as among the best medical malpractice lawyers in Toronto and as top medical malpractice lawyers throughout Ontario and Canada.

Many of our clients are referred to us by former clients, lawyers, judges, doctors, and Canadian medical-legal experts.

We challenge the medical profession to uphold its standards and quality of care to the public. In addition, we are regularly consulted by influential members of the legal profession on difficult malpractice cases in Canada and internationally.

If you feel you have been the victim of medical malpractice, contact Sommers Roth & Elmaleh at 1-844-777-7372 or reach out to us online.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.

    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.

    Hilt this Tamrate
    Hilt this Tamrate
    23 May 2023
    Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
    Hector Cardenas
    Hector Cardenas
    4 January 2023
    I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.
    10 October 2022
    We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh,Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !
    Meggie Zhangkrk6hdjybfjt
    Meggie Zhangkrk6hdjybfjt
    6 October 2022
    I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.
    Tony Zhou
    Tony Zhou
    29 September 2022
    I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.
    Dianne Keckes
    Dianne Keckes
    18 July 2022
    I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!
    Ivica J Sokic
    Ivica J Sokic
    6 June 2022
    Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.
    Arden Melnechuk
    Arden Melnechuk
    1 December 2021
    I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!
    Megha Sharma
    Megha Sharma
    16 April 2021
    Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.
    Nick & Whitney Maraschiello-Basnett
    Nick & Whitney Maraschiello-Basnett
    18 July 2020
    We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.