Should I Sue Him? Need Your Advice

1 Replies
Erick123 - September 7

Hey, I am writing this with a lot of depression. Last week my wife gave birth to our first child. The delivery was little complicated. On the day of delivery, the doctor requested me for permission to use assisted birth procedure. I was completely unaware about that but I gave him the permission. But he used vacuum cups and forceps that caused some problems to our baby. One of my friend told me that birth injuries can cause problems like cerebral palsy in the future. Is that true? He also told me to sue a case against the doctor for a compensation. Yesterday, I consulted with a medical malpractice lawyer Kostman & Pyzer in Toronto. He suggested me to perform few medical checkups before suing the doctor. Anyway, I would like to get some advice from people who had experience like this before. If anyone here had sued a doctor for medical malpractice, please share the experience here.


Afandi - September 21

Hi @Erick123
Whether to sue or not is subjective. Unfortunately, we are not in a position to tell what transpired and made the doctor ask for permission to resort to assisted delivery. Could be the life of the mother was in danger and there was no possibility of the lady giving birth without assistance. So if I were you, I would consider this. Second, you have confessed that you gave an ok for the doctor to proceed with a certain method of delivery. Assuming that you are past the age of the majority, the law assumes that you knew what was to happen and you gave the permission. The law does not provide a remedy for the consequences suffered. Third, as your third opinion doctor suggested you should take the child for check-ups to verify that indeed he suffered as a result of the actions taken by the doctor. You need this report in a court of law to sustain your argument. Lastly, you may not go far with this case since you gave the doctor permission. The fact that you were not aware of the procedure will not help you. Ignorance is no defense. 



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