Award Winning Calgary Malpractice Lawyers
At Cuming & Gillespie, we are not only passionate about helping clients who may have been injured or suffered losses due to medical error or the negligence of a doctor or other medical professional, but we are also passionate about educating our clients about their rights. Below are some of the most common questions we are asked when people are considering pursuing a medical malpractice claim.
Frequently Asked Questions About Medical Malpractice
How much will it cost to hire a lawyer for a medical malpractice claim?
At Cuming & Gillespie, our policy is simple: we do not charge you any fees unless we are successful. We know that for a lot of people, it is not necessarily financially possible to pay a lawyer up front for their services. It is for this reason that we do not require a retainer payment or any other money up front.
All of our cases are taken on a contingency basis. We take on the entire upfront cost to investigate your injuries, order your medical charts, locate the best medical experts in North America to review and assess your injuries, and build a strong case to be ready for a negotiated settlement or trial. Our lawyers will discuss our fee structure with you before we proceed with your case. They will provide you with a clear and easy to understand outline of how our fees work and what our fees are. Please feel free to contact us for more information regarding our fees.
Does Cuming & Gillespie act for medical professionals and patients who have been injured?
No. We only act for people who have been injured by medical error or negligence We do not, under any circumstances, represent doctors, other medical professionals, hospitals, any other large medical institutions or insurance companies.
For over 20 years, we have sat on the other side of the table from medical associations and large insurance companies. We know their strategies and the pressure-tactics they use to force people who are entitled to compensation settle for less than they are owed. We strive to build the strongest case possible to ensure all our clients are on an even playing field against well-funded medical groups.
How long do I have to wait to bring a claim?
There are time limitations on when you can bring a lawsuit against anyone, including doctors and other medical professionals and institutions if you are making a medical malpractice claim. Generally speaking, you must a file a lawsuit within two (2) years of the date your injury occurred, or within two years of the date you became or ought to have become aware of the injury.
In the majority of these cases, legal proceedings (beginning with the filing of a Statement of Claim with the courthouse, which outlines who you are suing, what you are suing for, and the relevant facts of the case) have to be commenced within that 2-year period. However, as with all areas of law, there are exceptions to this two-year limitation period. For example, for cases involving minors, the time for filing a claim generally begins to run on the minor’s 18th birthday, and they have two years from the time to file a claim.
If you think you or your loved one has been injured by the negligence of a medical professional, contact us as soon as you become aware of your injury to prevent any issues with limitations periods.
Even if you think the limitation period has passed, you may learn, in consulting with a lawyer, that there are still ways in which you can file a claim.
What is informed consent?
Before proceeding with a medical procedure, doctors are required, by law, to inform their patients about all the potential risks regarding the procedure. Even if the risks occur very rarely, the patient must be informed. This allows the patient to make an educated and informed decision about whether to proceed with the procedure.
If the doctor fails to obtain informed consent from a patient, the doctor may be responsible for any negative outcomes or injuries that arise from the procedure, regardless if the doctor was negligent during the procedure.
To prove that informed consent was not given (i.e. the doctor did not inform you of all the risks associated with the procedure), the injured individual must show the following:
A reasonable person with the patient’s particular knowledge and characteristics would have refused the procedure if they had been fully informed.
Contact our Experienced Lawyers in Calgary For Guidance with Your Medical Malpractice Claim
If you or a loved one were injured due to medical error or negligence, or if believe that you were not fully informed before agreeing to a medical procedure that then resulted in negative or unanticipated effects, you may have grounds for a medical malpractice claim. At Cuming & Gillespie we are here to help. Give us a call at 403-571-0555 or contact us online to book a free consultation today.