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Legal Ease
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Is there anyone I can ask a question about a Canadian

Customer Question

Hello, is there anyone I can ask a question about a Canadian lawsuit (towards the Medical system/against a doctor for malpractice)?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Please let me know your facts and then your question.

Customer: replied 1 year ago.
Hi, so my friend is a 34 year old single mother who had been dealing with thyroid cancer for the last year or so.She had a major surgery done to remove her thyroid and the cancer (including surrounding lymph nodes) approximately 8 months ago. She was suppose to have a follow up in 6 weeks with her oncologist after the surgery. She called on the 7th week to see why she hadn't been booked an appointment. They told her be patient and they'll let her know when a spot opens up. She called every week for 7 months..and no appointment.Well, in that 7 months her cancer fully came back and it could have been easily prevented. Now they are telling her it has spread to all her lymph nodes through out her body and she is going to have to go through heavy treatment, and if the treatment fails she will have 6 months to live. She has suffered tremendously because of it and I don't think I've ever seen a human so stressed out in my life.dHer family doctor was the one to contact the office of the oncologist asking why she hasn't had a follow up. Within 15 minutes they booked her an appointment realizing how bad they messed up.Her family doctor told her she has an un-loseable case and should pursue for malpractice. Her surgeon has also corroborated with her family doctor, pinpointing the wrong-doing by the oncologist.My question to you would be, how much do you think she would be able to sue for (or a ball park number that they would settle for out of court)?I don't know if there is any ceiling to a settlement for malpractice or a minimum for that matter.Thank you for your time.
Expert:  Legal Ease replied 1 year ago.

I am sickened to hear this story.

I cannot possibly know what she can win in court or with an out of court settlement as she needs a lawyer to consider all the facts in detail and perhaps also have a medical expert review her medical evidence.

What she should do, at once, is see a medical malpractice lawyer.

What you can do to find your friend a lawyer is one of the following things.

You can contact the Law Society 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 free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

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/DirectoryContent/FindLawyersOrFirm.aspx

Customer: replied 1 year ago.
Ya, she already has been talking with a lawyer. They are in the works of it all. Not gonna be a while till she knows (I guess I could of said that sorry). Thing is, I've been taking care of her for the past two years and she's promised to pay me back and she says after this she will be able too. I guess I just wanted a piece of mind if she'll be able to pay me back or not.I figured you wouldn't be able to tell me an exact amount but was hoping a rough estimate/ball park idea.
Expert:  Legal Ease replied 1 year ago.

It is not possible for me to even give a fair ball park idea but unless she owes you hundreds of thousands of dollars I assume that she will be able to pay you back, but really it depends on what happens going forward. For example, how many treatments will she need, will these treatments work, during the treatments can she earn income, during the treatments can she take care of her child, will she make a partial recovery, will she make a full recovery, will she suffer from mental distress because of this horrible stress she is undergoing, will she need ongoing care during the treatments, will she need ongoing care afterwards...

So there is no way I can tell you if I were to give you an honest answer about what she might recover in terms of damages.

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