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Jessica
Consultant
Debra, Expert
Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Debra, Expert
Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.
I am sorry to hear of this difficult situation.
Debra, Expert
What you should know is that to succeed in a malpractice claim you have to prove the doctor owed you a duty of care and that either there was negligence or that the care provided was below standards of practice and then you have to prove that you suffered damages.
To determine whether there was negligence or not you would need to see a medical malpractice lawyer who would need to request the records and then have an expert review them.
You cannot sue successfully if there was no negligence. Sometimes things go wrong because of the nature of what is happening as nothing is perfect so proving negligence is really the main issue here.
What you can do to find a lawyer is one of the following things.
You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.
The number is:
***-***-**** or 1.***-***-****.
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/directory/find-lawyers-or-law-firms/
Please take all the time you need to reply back. But if you're speaking about a phone call I actually don't take calls. I just work online.
Does that help as a starting point?
Debra, Expert
I am sure if you testify in court to court is going to believe you because of course you are well aware of what happened though she may not be and really the fact that it's not in her records is not going to help her at all. To the contrary that may be good evidence of negligence.
Debra, Expert
Oh dear. I am so, so sorry.
Debra, Expert
I am not surprised. But thank goodness this was discovered and it's gone.
Debra, Expert
Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority
Debra, Expert
You are very welcome.