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Legal Ease
Legal Ease, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 100943
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am a patient who was given the wrong treatment and I seek

Customer Question

Hello ,
I am a patient who was given the wrong treatment and I seek your guidence in regards ***** ***** of not I have a case.What happened was the following:
I have been seeing a Neurologist named Dr. Chern .W. Lim who works at CorCare for a nerve problem that I have im my right arm. After he saw me and conducted a few tests on my arm, it was concluded that all I had was an irritated nerve and that I only required therapy and not surgery in order to get my nerve back in place. All this happened in September to October, 2013.Then in the middle of November 2013, (November 17 to be exact,) I got a call from Vivian the secretary telling me that I was scheduled for a Lumbar Puncture because some of the tests conducted on me came back with questionable results. I was having tests done by a Hematologist during this time and since many of the tests I was having were connected to each other, I began to worry. I went through with the Lumbar Puncture and awaited the results. I was in bed for at least three months straight after the doctor Chern Lim told me I should be back to normal in a few days. He told me if the headaches had not gone away then I should go get a blood patch at the Emergency Room. November was the month from Hell-I went for a blood patch about a week or so and the Emergency Room was a disaster and due to my weak blood flow at the time, the blood patch was unsuccessful.Then in January 2014, after being unable to get up from bed still, I went to see the results of the Lumbar Puncture in a wheelchair. I was told to go in January because of Doctor Lim's schedule. It was that day that everything went down hill. The first thing Doctor Lim told me was that the Puncture came out alright (at least). Then I was told that since my MRI results came back with concerns, the Lumbar procedure was necessary. That was when I told him that I never got an MRI in my life. After the fact that I was given a procedure that I never needed in the first place blew up in our faces, Dr. Lim requested for me to get some MRI scans of my own to see if there was any damage.On March 25 2014, I asked what it was that happened that lead to the misunderstanding and he told me the secretary had messed up the labels with someone else's information with my own and had given the mixed reports to him. He told me he could give me a list of good therapists in the area to take care of my back. When I went to the secretary (Vivian) to receive the printed list of local therapists, she was seconds away to set me up for another disaster by almost booking me for a blood exam that very same day!!
My stomach had dropped in horror.My family doctor Erin Chan sent me to the Markham Stouffville Hospital to get a second opinion on the problem in my arm on April 10, 2014. That day i saw my file on the computer next to another patient's who was first of all, a male, and secondly, had the same initials (A.I.) as me and was also born in November 11-but in another year!! It was the creepiest thing but apart from the same initials and birth month--the year is totally different and this person is a MALE! I am a FEMALE! How confusing can that be???? Absolute carelessness...So currently I am still looking for a good therapist as it is difficult to find in my area...
and I am suffering from back pain most of the time which I never had so consistently before.
I am sad and frustrated and I do not know what to do and I left wishing this never happened.I would really appreciate all the help you can give regarding this mess.
Please let me know about where the case stands.
Thanks so much...
Submitted: 1 year ago.
Category: Canada Criminal Law
Expert:  Legal Ease replied 1 year ago.

What a terrible, terrible story.

This sounds like a significant case of negligence that has caused significant harm.

Your next step should be to take all your records and see a litigation lawyer at once. The lawyer, likely with consultation from a medical expert, will help you determine the amount you should be suing for. Then the lawyer will send a demand letter to the doctor threatening a lawsuit.

Hopefully the doctor will let his insurers know and they may offer a settlement. If not then your lawyer will sue the doctor and then the insurance company will get involved and then hopefully offer a fair settlement to avoid a trial.

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

You can contact the Law Society and use their LawyerReferral Service. You will be given the name of a lawyer and canconsult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

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

I am terribly sorry this happened to you.