Medical malpractice

[ChinaFarmer]

My family has a very sad tragedy with our second baby. We believe that it was caused by medical malpractice. Though we have been planing to seek law action, we are also trying to avoid the trap to pay high legal fee if the case can not be won in the end. So I would like anyone here with knowledge/experience with medical malpractice law case to share something with me. Your input is highly appreciated!

 

[hh_ca]

sorry to hear that!

where did it happen? China? here?

Regardless, I am afraid you have to have a good lawer. Think about who you are up against, they certainly can afford good lawer.

 

[oread]

Talk to a lawyer first. In many cases, the lawyer would absorb the cost of litigation, meaning that he/she will take a major cut off your awarded compensation, but you don't have to pay anything if he/she loses.

As far as I know, malpractice cases depend largely on other doctors' opinions. In many cases, the lawyer cannot even file a case if no other doctor is willing to testify that your case was wrongly handled. However talk to a lawyer first.

 

[iceberg]

you can seek mediation from the professional association of the physician. My friend has a similar experience with the dentist, and got compensation from Dentist association in Ontario. You can ask your health insurance company for the detailed information.
Good luck

 

[ChinaFarmer]

Thanks a lot for all input! It happened in Civic hosiptal in Ottawa!

 

[grace6799]

最初由 ChinaFarmer 发布
Thanks a lot for all input! It happened in Civic hosiptal in Ottawa!

Really?My friend is just going to do testtube baby in Civic hospital,and it will cost 10000 Canadian dollars. She thinks it's the best hospital for having a baby, but you said it's not good?

 

[ChinaFarmer]

iceberg, could you be a little bit more in details?

 

[ChinaFarmer]

grace6799, the accident only happened twice there in 12 years there. What I mean is that I do not imply any general issue there.

 

[PianoTeacher]

Civic Hospital also sad place for my friend.

Only simple C-section operation, because of careless clearing work, got my friend DACHUXUE after operation, almost lost life there.

actually, many medical students work there for practice, be careful.

good luck to everyone.

 

[火凤凰]

i heard only in the states

you can do this: "you don't have to pay anything if he/she loses".
In Canada, there is no such choice.

Very curious...:blink:

 

[home_on_sea]

这种官司在国内打赢的可能性微乎其微。

孕时子宫血供极丰富，剖宫产缝合稍不注意就会术后出血，甚至宫腔感染。出血和感染是最常见的术后并发征。剖宫产也不是小手术，手术协议书上一般都有术后出血，出血性休克等常见并发症，不是技术事故，风险由产妇承担。如果不是责任事故官司根本打不赢。Civic hosiptal的医学生只是实习医生，像剖宫产这样的手术至少要SENIOR住院医生主刀。

请律师别说打官司，光是法律咨询就要150-200/HOUR，有很多律师很少打官司，光吃咨询饭。
这里不像国内举证倒置，举证在原告，如果正式起诉，做医疗鉴定还是花你的银子。

总之，很不乐观

 

[grace6799]

最初由 ChinaFarmer 发布
grace6799, the accident only happened twice there in 12 years there. What I mean is that I do not imply any general issue there.

Thanks, ChinaFarmer. I also learned that it's difficult to win the case if you sue them. Good luck anyway!