My husband had a motorcycle accident and had x rays done at…

Hello:

You can sue the doctor, as well as perhaps the hospital or health region. To do so successfully, you will need to prove that there was negligence. Proving a mistake alone is not enough, and you must prove that the doctor did not meet the standard expected of a reasonably competent doctor in failing to do certain tests or not in disclosing what was in the X-ray.
 
You will be entitled in the litigation to receive a copy of your husband's medical file and the doctor's file. You will need to hire an expert to review the file in detail and provide a report and testify that the doctor did not do certain things or took steps which did not meet the standard required. If you prove this, the court can award you damages for pain and suffering suffered by your husband as a result of the doctor's mistakes or negligent treatment.

There will be some significant cost to hiring such an expert or experts. There will also be significant legal fees involved. Having a lawyer is not mandatory, but this type of lawsuit is very complex and I would not recommend anyone proceed without a lawyer. Insurers for doctors will generally defend such lawsuits quite aggressively, and it is not possible generally to have a settlement in the early part of such a lawsuit. You must be prepared for a stressful, time consuming and expensive legal battle.
 
You will have a risk on losing that you are ordered to pay legal fees or costs to the other side. If you win, of course the defendant would pay such costs to you. But note that these are based on a tariff, and this will not come close to your actual legal bill or costs. The court only very rarely orders that the full legal bill be paid, usually in cases where a defendant has been outrageous in his behaviour, such as deliberately misleading the court.
 
You should speak in person with an experienced lawyer in civil litigation, preferably one with a history of handling medical malpractice claims. You should have a very frank discussion prior to hiring anyone as to exactly how they plan to charge fees, and how payment for experts and other costs will be managed. We cannot give you names of lawyers through this site, but you can contact the Law Society of Upper Canada which has a free lawyer referral service, and be given several names of lawyers, each of which are to give you a free initial consultation, with no obligation on you to hire the layer if you do not choose to. The number for that program is 1(NNN) NNN-NNNN or(NNN) NNN-NNNNin the GTA.
 
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