Gluckstein's Janet Lebeau on what she does — and why she loves it
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Janet Lebeau recently took a call from a potential new client (PNC) who was experiencing numbness due to a nerve injury she attributed to a recent surgical procedure. Lebeau, a veteran law clerk with over 25 years of experience specializing in medical negligence matters, let the woman share her story, explained what's involved in a medical negligence case and what damages the firm would expect to see in a case like hers and asked the PNC to call back in five or six months to see how she's progressed and if there's something worth investigating.
"It had only been four months since the surgery took place. She may make a full recovery — or not — but it was a little early for us to pay thousands of dollars gathering records and having an expert look at the case, let alone drafting and filing a claim to the courts. We need to be very thorough."
From organizing and analyzing medical records; to preparing chronologies and retaining appropriate experts; to preparing documents such as statements of claim or pre-trial memorandums as well as assisting at trial, Lebeau is involved with every aspect of a medical negligence claim. Lebeau, who joined the team at Gluckstein Personal Injury Lawyers four years ago, is more often than not a PNC's first point of contact and is well-versed in how to conduct a thorough investigation of a medical negligence concern, including specifics that are significantly more complex than those of a motor vehicle case, for example.
When Lebeau receives a call from a PNC, the first step is to make sure the limitation hasn't expired — or isn't about to in a matter of days, leaving no time for an investigation — and gets a feel for the chronology of events. She also determines whether or not it's a nuisance-type issue, as Lebeau regularly fields calls from people who felt the doctor's bedside manner was lacking or their concerns weren't being heard. Sometimes they just need to vent. Lebeau, known for her compassion and empathy, gives them that outlet before explaining exactly what's involved with a medical negligence case: they are difficult and expensive to litigate and often take much longer than other types of personal injury cases.
"I don't try to discourage people, but they need the information to determine if it's worth their time, stress and aggravation of reliving their trauma for what may end up being very little in their pocket once all costs and fees are paid," Lebeau says. "That's the first step and one of the most important exchanges we have with the client because we figure out whether or not this is worth everyone's time and investment."
For example, the conversation Lebeau had with the woman who was experiencing numbness lasted over an hour — a long time for something that may or may not be worthwhile — but in her 21 plus years operating an independent litigation support business, Lebeau knows the most difficult cases are those that weren't adequately investigated.
"It's a process just to figure out whether or not it's a medical negligence case worth pursuing," Lebeau says, adding a proper intake is something Gluckstein is thorough about. "My role is relying on the experience I have in working up many cases and making a determination as to whether or not we need an expert to take a look. Sometimes there are huge red flags, and sometimes not so much."
If Lebeau determines a case is worth pursuing, it's up to her to gather all relevant medical records to double check the chronology of events and if there is a consistency to the story told to her by the PNC. Lebeau may not be able to interpret everything in the records, but she knows what to look for and "if those things start to fall into place, you continue ,and the expert helps you through it."
The experts determine whether or not somebody fell below the standard of care and then that negligence caused the outcome, and they educate everyone on the case — which is only as good as the experts. If they can't explain it to you so that you understand it, Lebeau notes, how will they explain it to a judge or jury? She ensures she can comprehend what the expert is saying before the case gets to that point, and during trial keeps them up to date by ensuring, for example, they get copies of any reports from the defence because they'll be cross-examined on that information and need to be able to address it.
Above all, Lebeau maintains that their client is a human being going through a challenging time top of mind. Very early on in her career, Lebeau was handling a birth injury case — which is "a whole other ball game" requiring more medical records as well as several kinds of experts, and there's a lot at stake, she notes — and she had obtained favourable opinions from experts who reviewed the case. But when she called to tell the client, it was very quiet on the other end of the phone.
"I realized what was good news for me wasn't necessarily good news for her," Lebeau says. "What she was hearing was she walked into the hospital with a viable baby, and if the doctor hadn't made a mistake, they would have been born perfectly healthy and not with cerebral palsy. After that call, I learned to be a little gentler with information — there's some sensitivity required."
Ultimately, the firm is helping somebody get answers, get some compensation, and go on with their lives. Working at Gluckstein allows Lebeau to establish continuity and develop a rapport with the clients, serving as their point person from that first call to resolution. Over the years, Lebeau has developed strong relationships with some of her clients, including in a birth injury case where she held the newborn baby and offered a sympathetic ear — and the powerful advocacy of the firm — to the mother.
"I was privileged enough to be on the legal team that was able to make sure the baby got all the care, therapy and resources she needed, and was entitled to, for the rest of her life," Lebeau says. "That's a pretty fantastic feeling."
