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In advancing a malpractice action to trial, the plaintiff will incur at least the following expenses (unless their lawyers agree to cover some or all of these costs):
- fee charged by the Clerk of the Court to file the statement of claim ($200.00)
- fees charged to respond to requests for copies of the records of medical practitioners and hospital authorities (normally between $60.00 and $100.00 for each request) plus the amount charged for photocopying (which can be significant if there are many records)
- fees charged by experts to provide their opinions (these fees vary depending on the expert’s area of expertise; and the amount of time expended by the expert in reviewing medical and other records, transcripts of examinations for discovery and literature, and in forming the opinion)
- charges of court reporters for attending at, and preparing transcripts of, examinations for discovery conducted on behalf of the plaintiff and for providing copies of transcripts of the examination of the defendant
- fees charged by experts, doctors and other practitioners who have diagnosed and treated the injury to the plaintiff, to prepare for and attend at trial (these fees vary depending on their hourly or daily rates and the amount of time they expend) plus any expenses incurred by witnesses who must travel to attend the trial
- miscellaneous expenses for long distance telephone calls, faxes, deliveries, photocopying, etc.
The plaintiff will also be required to pay the legal fees of the lawyers who prosecute the action unless those lawyers agree to a contingency fee (a fee based on a percentage of recovery from the defendant).
Goods and Services Tax will be payable on the legal fees of the lawyers who prosecute the action and on most of the expenses incurred to prosecute the action (the exceptions include the fee charged to file the statement of claim and the charges for other services provided by government agencies).
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