Things to consider when pursuing a medical malpractice claim...

1. Siskinds must obtain all hospital and medical records in connection with your care and treatment.
2. Siskinds will conduct an initial investigation and review the records to determine the legal issues and the medical questions that need to be addressed. The investigation usually takes six to 12 months.
3. It is firm policy to proceed only with those actions where there is a reasonable prospect for success at trial. That assessment is made following the completion of the initial investigation.
4. The expense involved in investigating and proceeding with a medical malpractice action is considerable. As such, the firm usually requires an upfront retainer in the amount of $3,000 to $5,000, depending on the complexity of the case. In some relatively straightforward cases, a lower amount will be sufficient to cover the costs involved in reaching an opinion about the prospects of success of the lawsuit.
5. The Court proceedings are started by issuing a Statement of Claim and serving it upon the doctors and hospital being sued.
6. The Examinations for Discovery are the next major stage, when all parties, including the plaintiff, are required to give evidence under oath on the matters relevant to the lawsuit. The Examinations for Discovery will be the first and only opportunity to question doctors and hospital representatives prior to the trial.
7. Following the completion of the Examinations for Discovery, Siskinds critically re-evaluates the merits of the case and seeks further expert opinions based on the Discovery evidence. At that time, the firm provides a recommendation on whether to proceed to a pre-trial conference and ultimately to a trial.
8. A medical malpractice lawsuit usually takes three to four years to complete. At each stage of the lawsuit, Siskinds will provide you with a legal opinion on the merits of your case and give you the opportunity to make an informed decision on whether to proceed further.

For more information about medical malpractice litigation, our fees and our practice group, please contact Aileen D'Ariano at extension 2222.

Back to main Medical Malpractice page.