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  • Hi there!
    My thoughts are with you, for sure!
    As for legal action, AFTER YOU HEAL:
    1. Lay a complaint with the surgeon's licensing body. It HAS to be investigated, and despite the "old boy's network", it WILL have an effect.
    2. Litigation in Canada, although socialized medicine, is absolutely possible. Where the difference is between Canada and the US is that the amount of money awarded is much, much lower here in Canada.
    3. I think that you said that you paid for this operation ($5K for the full meal deal?). This might put it out of the realm of "socialized medicine" and over into the "fee for service" liability area. This is why ALL physicians carry malpractice insurance by LAW - the protection offered to malpracticing physicians by the system is limited.
    4. Find a good lawyer for a simple consultation - get two opinions from different lawyers - one in your home province and one in the province from which this physician is from.
    5. Try this website for help: http://www.lawmedmal.ca/
    It will give you a head start.
    Our thoughts are with you - heal well!!!
  • You raise some good points. The issue isn't that this was a fee for service which it was by about 50% of the cost. The issue is that socialized mindset has resulted in a highly protectionist collective of physicians who come **** or high water won't trash each other because they could be next to stand alone. You're right that the settlements are for significantly less here, but the whole concept of litigation of this sort is generally frowned upon, discouraged and just simply seldom happens. There is a blind trust that a) doctors are infallible and always do their best b) because doctors are motivated by altruism when they do mess up we should forgive them because they are only human after all c) its 'the system's' fault because the government doesn't give enough money to properly meet health care needs and if there were better resources bad things wouldn't happen d) our socialized health care system assures that doctors don't work for 'the money' but rather for the greater good of all.

    Surely, they are all Saints.

    I have already advanced this considerably by writing a letter to the surgeon stating overtly my concerns. I Cc'd a copy to the head of the Medical Services Branch who coordinated payment arrangements for the $5 thousand the province contributed to this procedure (my $5 thousand was over and above that). He IMMEDIATELY contacted me after receiving the letter to assure me of his concerns (through is practice manager of course) and they wanted me to chat on the phone and still come back in so he could 'explain' things to me. Which I have patently refused to do. I've received a total of 5 emails from his office today alone.

    My family physician is standing firm without flinching on this and has also said she supports him being reported to the College of Physicians and Surgeons and any other regulatory body as well as demanding my money back just for starters.

    I'm proceeding very, very cautiously and documenting everything.

    I had a dressing change yesterday and had the necrotic tissue removed at the same time. The instrument they used went 'in' about 4 inches and I'm being told to prepare myself for more surgery to repair this damage as soon as the drainage stops but for now, its still pouring out of me.

    I'm still depressed but I'm trying hard not to feed into it. So much to process here, within myself that is. I'm very lucky to have such an awesome, strong PCP.