Don't go back to Beijing before you get thorough examination to find out what went wrong in Canada. That is very important for two reasons. One, even if your eye gets cured in Beijing, you can not get the doctors come to Canada to testify. Even if they can come to Canada, their testimoies will not be admisible due to locality issues. America/Canada cases all use national standards for malpractice cases. I've never heard any court using international standards. Second, if your eye gets worse, that would be the superseding cause to get your physician off the hook.
For malpractice cases, unless it is so obvious such as physician amputating the wrong leg, most cases you will need expert witness, somebody familiar with the customary standards in such surgery. First, you need to find out what they did wrong. Second, find out who did it, the doctor, the nurse, everybody who had exlcusive control during the operation. Third, find out what is the damage. When the doctor said that you would get better the second day, did he use words such as "will, promise"? If he did then you could also have a case of breach of contract. You will also need to find out if there is a possibility for such risk, based on expert's opinion. If this harm is inherent and you get better even after half a year, then your malpractice case will not fly. If there is a risk and the doctor did not inform you before operation, then you need to ask yourself, had the doctor told you the risk, would you or would you not get the operation? If you choose not, then you have a case based on informed consent.
For negligent infliction of emotional distress, the conduct of the doctor must be extreme and outrageous or reckless. Based on what you said, I think you have a fairly good chance to claim on that.
Damage: If there is a permanent damage, I would go for at least $100m, $10m for damage and $90m for punitive damage.
If you can not figure out what exactly went wrong, then res ipsa loquitur is your weapon, but you still need expert testimony.
No matter what you do, do not go back to Beijing just yet. Consult a lawyer and file a claim in court to get your record released so that you can go to see a good doctor first.
For malpractice cases, unless it is so obvious such as physician amputating the wrong leg, most cases you will need expert witness, somebody familiar with the customary standards in such surgery. First, you need to find out what they did wrong. Second, find out who did it, the doctor, the nurse, everybody who had exlcusive control during the operation. Third, find out what is the damage. When the doctor said that you would get better the second day, did he use words such as "will, promise"? If he did then you could also have a case of breach of contract. You will also need to find out if there is a possibility for such risk, based on expert's opinion. If this harm is inherent and you get better even after half a year, then your malpractice case will not fly. If there is a risk and the doctor did not inform you before operation, then you need to ask yourself, had the doctor told you the risk, would you or would you not get the operation? If you choose not, then you have a case based on informed consent.
For negligent infliction of emotional distress, the conduct of the doctor must be extreme and outrageous or reckless. Based on what you said, I think you have a fairly good chance to claim on that.
Damage: If there is a permanent damage, I would go for at least $100m, $10m for damage and $90m for punitive damage.
If you can not figure out what exactly went wrong, then res ipsa loquitur is your weapon, but you still need expert testimony.
No matter what you do, do not go back to Beijing just yet. Consult a lawyer and file a claim in court to get your record released so that you can go to see a good doctor first.
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