Law suits - Canada

[Bonnie]

What? When? Where? Why? Who?...

Is it worthwhile/possible to sue in Canada for these injuries? Has anyone here done it successfully? Is it worthwhile (financially) - like are there costs that will be/could be incurred by us that the health system won't pay for that I will need help with?

I really like my doctor and know that she wasn't negligent on purpose but the injuries my daughter has are due to the delivery and could have been avoided.

TIA
Bonnie

[admin]

I hope this helps you. These lawyers are in Toronto and take cases from around the world.








MD to pay $12 million Botched birth left child with injuries to arm and brain
June 9, 1995
p. A6


By Desmond Bill Toronto Star

An obstetrician whose failure to perform a caesarean section on a woman caused her baby to suffer brain and arm injuries has been ordered to pay $12 million in compensation.


After the child was born, his parents lost their claim for refugee status and had to leave Canada. Immigration Minister Sergio Marchi gave them special permission to return to testify in the case.

They must now go back to French Guyana but are leaving their son here with an aunt so that he may receive medical treatment not available in that country.

The obstetrician, Dr. Francis B. Sam, did not enter a defence after a two-week hearing before Madam Justice Susan Lang in Ontario Court, general division.

His lawyers admitted liability and agreed on the settlement for damages with Richard Sommers, lawyer for the parents of Brian Charran.

Sommers presented evidence that Durmatie Charran expected - on the basis of previous medical advice - to undergo a caesarean operation when she went to Doctors Hospital after going into labor on July 13, 1991.

She told the receiving nurse she was to have a caesarean delivery and the necessary preparations were made for one. But when Sam arrived, he did not proceed with one on the obese, 4- foot-11 woman.

Subsequently, the child's head came out of the birth canal but his body was stuck for about 15 minutes, cutting off some of the oxygen supply to his brain.

The doctor then used such force to extract the baby that it tore the nerves that control the child's left arm.

The child's arm does not function at all, Sommers said, and he is of low average intelligence as a result of his brain injury.


"I feel great about the award in that at least there is security for Brian but no award can make up for what happened. Nothing can do that," the child's father, Deobarran Charran, told The Star last night in a phone interview.

The Charrans came to Canada in May, 1991, after having fled Guyana to live in Surinam, formerly Dutch Guyana. Brian was born two months later and they left this country in July, 1994, after losing their claim for refugee status and went to live in French Guyana.

They were at first refused a visa to return to Canada to give evidence in this case but then were given special permission to enter by Marchi.

Charran said he was "very, very grateful" to Marchi and his lawyer, Sommers, said that if Marchi had not allowed them to come and give evidence, "the consequences could have been disastrous for Brian's future."

The Charrans have appealed to Marchi to be allowed to stay in Canada on compassionate grounds and hope for a favorable decision before they are forced to leave Canada again in five weeks' time.

"It's a heartbreaking thing," Sommers said. "They must leave their son here because he can't get the medical treatment he needs in French Guyana."

He said that if Marchi doesn't let them stay, "they'll never be able to re-enter Canada. When will they see their child again?"

If the Charrans are not allowed to stay, Brian will live with his aunt, Roxana Gopaul, of Royal York Rd.

The boy will not start to receive compensation until he is 18 years old in order to conserve the award.

Compensation will begin at the rate of $40,000 a year, rising by instalments to $340,000 a year by age 79, which is his expected life span.

The settlement was ratified by Lang on Wednesday.

-30-

Reproduced with permission of Toronto Star Newspapers Limited

[Sarah]

Hi Bonnie - I can't answer your questions about lawsuits specifically in Canada, but there are some other things to consider besides just medical expenses. For example, your child may have a permanent disability because of her injury. I know that's difficult to hear - I still have a hard time accepting it with my 8-week-old daughter. Obviously, money can never fix the problem or replace any lost ability, but it's important to look out for her future. You are her voice.

I don't think it's a personal issue with the doctor at all. You may really like her, but it doesn't change the fact that she may have caused your child to be disabled - even if it was accidental. That's why they have malpractice insurance.

My advice is to consult an attorney who is experienced with medical malpractice and get his opinion. You don't have to pursue legal action if you choose, but at least it gives you the option.

Regards,
Sarah

[Nan in On]

Hi Bonnie,
WHere are you in Canada? Which province?
I have never spoken to a malpractice lawyer
(I'm in Ontario), but I did communicate via
e-mail with Girones & Associates(Timmins).
In my case, I was injured during surgery
but the doctors won't admit that it happened
during surgery and I have no proof of the cause
of it in my file so they said I probably wouldn't
be successful.
Yours is a different story altogether.
You may want to check out this link :
http://www.canadamalpractice.com/

They have a huge write-up on medical malpractice
in Canada and would likely let you know if you have a case if you e-mail them.
Malpractice in Ontario is scary because the statute
of limitations is only 1 year (you need to act quickly)
and they can be very long and expensive. Statute of limitations varies from province to province tho'.
Because they don't work on a pro-bono basis, if
you lose, I've been told you could risk losing
all of your assets.
But please don't let me dissuade you...check it out
with them or see if there is a malpractice lawyer in your area...many give free consultations.
Nan