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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101447
Experience:  Lawyer
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I contacted you on Monday & then had an urgent call. So now

This answer was rated:

I contacted you on Monday & then had an urgent call. So now I'm back.
I'm need help in dertermining if I have a medical malpractice case. I live in southern Mb, Canada. I have a copy of the final autopsy. My husband died on Dec 31, 2016 as a result of a perforation caused during a gastroscopy. Turned out he did have esophagus cancer but he never heard the diagnoses.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear of your tragic loss.

As I am a lawyer and not a doctor I cannot know for sure if you have a medical malpractice case or not though it sure sounds like you do.

What you should know is that to succeed in a malpractice claim you have to prove the doctor owed your spouse 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/your spouse suffered damages. The first and third factors are obvious.

But 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. The expert would be a medical expert.

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.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
how do I go about proving negligence? What I gather from you is that I need to make an apt with a lawyer who specializes in medical malpractice & after reviewing my file, they would inform me whether I have a case or not. I thought that was the purpose of my question here. That someone with this organization would be able to tell me whether I have a case or not.
My husband retired from farming in 2008. The past few years he had worked seasonal Construction with a local company. 2016 was a very slow year for Hwy construction, so he didn't even get enough hours to qualify for unemployment. He was very eager to be going back to work in the summer of 2017, as the company already had a several jobs lined up. How long he would have been able to work, I don't know. My husbands doctor did inform that it had been an aggressive tumour. but could not give me a time line if he has survived the gastroscopy. We had full expectations that he would survive as they are mostly a routine procedure. His doctor also informed me that a gastroscopy is still the best option to determine what was going on in his throat. His doctor also gave me a colour photograph of the gastroscopy results. I believe that the surgeon that performed the gastroscopy is capable & I believe that the perforation should not have occurred.

You are not understanding what I said.

You don't prove negligence. You cannot.

You need a medical expert to prove this.

And the reason you are going to have to see your own lawyer is that lawyer needs to get all the records and provide them to a medical expert that the lawyer trusts who is used to testifying in court in malpractice cases.

Neither you nor I nor any lawyer can know if there was negligence or prove it. That is for a doctor to do.

What I am doing is telling you that it sounds that you have a case but we cannot know for sure at this point. It is enough for me to know you should take the next step and consult with a doctor that specializes in medical malpractice cases face to face.

Customer: replied 1 month ago.
how do I go about finding a doctor that specializes in medical malpractice cases?
I will call the Law Society of Manitoba & ask them if they can refer me to a lawyer. I take it that that is what I should have done in the first place.
I'm sorry, I must have misunderstood the purpose of this site. Thank you for confirming what I already suspected & for suggesting I consult a lawyer.

You don't find the doctor. I already explained this. I said your lawyer will have experts who testify in court to retain.

I also explained the law and what you should do. You are far ahead of where you were before you posted.

So please now be fair to me and rate me positively so that I can get paid and not end up having spent all this time for free.

Debra and other Canada Law Specialists are ready to help you
Customer: replied 1 month ago.
Please don't get angry with me. In a previous response you stated that my next step would be to consult with a doctor that specialized in medical malpractice. Now you tell me that I don't need to find a doctor.
You want to get paid & you seem to think that I am wasting your precious time. I feel that this site has wasted my time. How am I far ahead of where I was before I asked my question? I still need to find a lawyer.