What referring lawyers need to know...

Flexible Approach

At Siskinds, we welcome the involvement of the referring solicitor to facilitate the solicitor/client relationship. The Siskinds team works with the referring solicitor at a level both the solicitor and client are comfortable with, and is prepared to meet clients at the referring solicitor's office, if preferable.

Limitations

Actions must be commenced within one year of the date that the material facts were known or ought to have been known. Recent decisions have favoured a stricter application of the limitation period in medical malpractice cases, which can create difficulty for plaintiffs and their solicitors. Due diligence is required.

If possible, it is best to preclude a limitations defence. In surgical cases, it is prudent to commence the action within one year of the surgery in question. In medical management cases, action should be commenced within one year of the recognition of the medical issue by the treating physicians. A timely referral allows for the proper investigation and development of the case.

Financing

Siskinds requires clients to provide a retainer to cover the initial disbursements in obtaining the relevant records and expert consultations. This retainer may be paid in instalments and usually ranges from $3,000 to $5,000.

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

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