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Any legal action against a physician, hospital or other health care provider is difficult. These parties are well funded adversaries, well versed in the very area of medicine in which they are being sued.
It is essential that the law firm you choose to consult has the following attributes:
- extensive courtroom experience;
- experience in medical malpractice actions including experience in cross-examination of defence experts;
- contacts within the medical profession from whom they can seek honest accurate opinions;
- individual lawyers who are up to date on the relevant medical and legal issues;
- large enough that it can have two competent malpractice lawyers attend trials which often extend into weeks or months;
- lawyers who are respected by the courts and their adversaries.
Medical malpractice actions take a long time. They are expensive because experts are required to prove a breach of the standard of care, the breach caused the injury; and the amount of damages. This is high stakes litigation, and it is vitally important that the law firm representing your interests is the best available.
The reasons to consult Weir Bowen LLP about a potential medical malpractice or product liability action include:
- We know the law that is currently applied by the courts in Canada in medical malpractice or product liability actions, and we closely follow all developments in that law.
- We have experience in researching medical issues that must be decided in those actions.
- We know of many medical practitioners who are willing and qualified to provide objective and reliable opinions on medical issues required to investigate potential medical malpractice and product liability actions, and to testify in court if their opinions support those actions.
- We know how to identify and contact other medical practitioners who may be willing to do so.
- We have extensive experience in examinations for discovery, trials and appeals.
- We also have extensive experience in settling actions by negotiation, mediation and judicial dispute resolution.
We use our knowledge and experience in medical malpractice and product liability actions to:
- Efficiently and economically assess the probability of obtaining judgment and the possible amount of any judgment that may be obtained
- Provide advice on the basis of those probabilities
- Maximize opportunities for a fair settlement
- Effectively conduct examinations for discovery, trials and appeals (if those steps are justified by the probability of obtaining judgment and the likely amount of any judgment that may be obtained)
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