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Vancouver Off-Topic / Current Events The off-topic forum for Vancouver, funnies, non-auto centered discussions, WORK SAFE. While the rules are more relaxed here, there are still rules. Please refer to sticky thread in this forum.

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Old 11-24-2012, 07:05 PM   #1
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anyone know a good malpractice lawyer?

who do I talk to that specializes in malpractice and will not charge me a cent until the issue is resolved?thanks
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Old 11-24-2012, 07:19 PM   #2
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Medical malpractice? Legal malpractice? What kind?
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Old 11-24-2012, 07:43 PM   #3
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oops forgot, medical malpractice
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Old 11-24-2012, 07:57 PM   #4
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oops forgot, medical malpractice
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Could you say a bit about what happened? It is very VERY hard to find a lawyer that will take on a medical malpractice case (unless you are dealing with a high degree of negligence) just because it is VERY hard to find health professionals liable. The evidence that needs to be ascertained in order to find liability is quite substantial!

Needless to say, if you have a very strong case for negligence, you should look for a lawyer that is willing to take on your case on a contingency fee basis.
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Old 11-24-2012, 08:56 PM   #5
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You also have to keep in mind that in order for you to file a civil suit and hope to receive some compensation, you have to proof that you've lost money as a DIRECT result of the malpractice. As broken arrow has pointed out, it's extremely hard for you to find a lawyer to take on the case, and even harder for you to win compensation
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Old 11-24-2012, 09:27 PM   #6
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Most lawyers will have a free and short consultation meeting to see if you "have a case" worth pursuing. Then work out a contract based on winning the suit. A family member's suit with ICBC was so sure fire according to his lawyer that they went this route which ended up working out very nicely for the lawyer. Also makes them work a bit harder because they get paid more if they get a bigger payout.
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Old 11-24-2012, 11:10 PM   #7
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Like it has been said before, malpractice is super hard to win, because if the doctors/nurse's lawyers can convince that this incident happens 2% of the time, they will win the case because it's hard to find them negligent.

Doctors have this thing where they are allowed to make mistake within a reasonable margin (im paraphrasing here) and if this event is something that others doctors can make then its hard to win the case. Doctors are allowed to make mistakes. For example, the doctor's fingers slipped and he accidentally cut something resulting in pain etc.

It's usually if the doctor does something against the law/rules/ethics or makes a serious mistake that cant be seen as "reasonable" then you may have a case.

But talk to a lawyer to see if you have a case, the lawyer will either do it or not on a contingent basis, but you do have to pay some sort of retainer fee though usually.
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Old 11-24-2012, 11:42 PM   #8
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This is for a close friend actually. Here is what they typed. "The problem is, it happened when I was a child, maybe 2-5 years old? the doctor blue a hole in eardrum while trying to use a water pump to extract the ear wax. As a result, I've had two failed surgeries by an ear specialist. The ear specialist never discussed that it would leave a visible scar on my head forever.

From childhood until now, I have never been able to go swimming, I have constant ear pains. Water cannot enter my ear no matter what because it is the most excruciating pain ever imaginable. Loss of hearing in left ear, constant ringing sounds. I am now older understand how it has affected my childhood years, and life."

Any advice would be appreciated guys.
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Old 11-25-2012, 03:54 PM   #9
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Maybe he should talk to his parents and figure out how they came to the conclusion to go forward with using a water pump in the first place. At 2-5 years old there must have been consent given by the parents.

Then where do the surgeries fall in? This is much later in life? Now how do you place blame on the first doctor vs the second doctor.

This case would go no where.
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Old 11-25-2012, 04:19 PM   #10
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I don't have a lawyer recommendation but the first thing I'd look at would be the statute of limitations. In BC the statute is six years against a medical practitioner.

But if you were a child at the time then it might be six years starting from when you have the legal right to sue, which I am guessing is when you turn 19, but I have no idea. Anyways, something to keep in mind.
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Old 11-25-2012, 05:39 PM   #11
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I don't have a lawyer recommendation but the first thing I'd look at would be the statute of limitations. In BC the statute is six years against a medical practitioner.

But if you were a child at the time then it might be six years starting from when you have the legal right to sue, which I am guessing is when you turn 19, but I have no idea. Anyways, something to keep in mind.
FIRST thing i thought of, chances are you can't do shit b/c it was so long ago (and would be hard to win, memories fade, people die, etc)
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Old 11-25-2012, 09:32 PM   #12
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Lawyer here.
Statute of limitations doesn't start counting while he's a minor.
Once he's of age though, the countdown is on. Six years, I believe.

No offense intended, but don't listen to the people above. The standard of proof isn't any higher than in any other civil proceedings. But in any event, you should talk to a lawyer that practices medical malpractice, for sure.

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Old 11-25-2012, 09:33 PM   #13
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Also, like the guy above me said, yeah it might be a bit of a pain to claim, since it was so long ago. People won't remember much from back then... hopefully the paper records are still around!
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Old 11-25-2012, 09:38 PM   #14
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