Lawyers who represent plaintiffs in medical malpractice lawsuits face a number of challenges. The law places a heavy evidential burden on the plaintiff to show a medical professional or hospital was negligent. There is complex scientific evidence and multiple expert witnesses necessary to prove liability, causation and damages. Malpractice lawsuits are defended by skilled, aggressive and well funded counsel. Trials can last for weeks and require substantial resources (Lemer & Company’s out-of-pocket expenses in two recent cases have exceeded $150,000 and $250,000).
Since the British Columbia Government has changed the law to prohibit most ICBC lawsuits some personal injury law firms have started advertising themselves as medical malpractice specialists.