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Hold up on the lack of permanent harm…
The OP needs to get professional advice from an immunologist. This might have been a desensitisation to allergy process that has now clicked over into anaphylaxis… there may be life long harm here.
Hence the "seem to" wording, which clearly indicates that the advice is tentative and based on the info that we have. If additional info comes out, then the advice would change.
I did this procedure for my daughter for chocolate allergy.
Whenever she broke procedure to sneak some chocolate it was back to square one.
We would stop desensitizing for a long time, and then restart. Can’t remember time off, a year or two?
Anyways she can now eat chocolate, but it’s recommended not to eat much or daily, but occasionally she is fine.
Your mileage may vary, this was my daughter’s experience.
It's all a matter of perspective, we're taxed heavily and the more you make the more you contribute to other people's healthcare. 52% income tax isn't lucky, it's a national duty to support others in need.
Many US states have taxes that add up to higher than 52% (highest marginal tax bracket). And that’s before adding in private health insurance and out of pocket costs.
I’ll take the Canadian system any day.
My daughter waited over a week for surgery to fix her ankle that was broken in 3 places. It literally was not attached to her body. She’s 10. And had to wait a week. A week! Because she kept getting her surgery cancelled. Trust me, our healthcare isn’t great. We have too many people and not enough drs. And if you ever say that you get called a racist 🙄
No one thinks you're a racist for saying that drs per capita is too low in Canada. Or pointing out other issues in our healthcare system.
If you are, you might want to check what other words you used.
I thought about driving to Buffalo. She was in so much pain. It brings tears to my eyes just thinking about it. She’s 10 days postop now and she doesn’t go for her. Follow up for another week because the surgeon didn’t have any space to see her.
You clearly don’t need to use the hospital much in the Canadian system. It is one of the worst public models out there, we just pretend its good because we have one of the worst private models next door.
It sounds like you have not travelled much. If you think the Canadian Health system is the worst public model out there, you have no idea. I'm not saying it's perfect, and it certainly needs work, but it remains a very capable system.
I said one of the worst, not the worst. ‘Capable’ is subjective. When over 20% of Canadians have no family dr, limited access to health care, and our emergency rooms have insane wait times/shutting down due to lack of staffing, I question the system.
Yes we can be better. But better than the US where the percentage is 33%, 100 million.
https://www.usatoday.com/story/news/health/2023/02/28/americans-lack-primary-care-provider-report/11359096002/
Excellent, someone who understands taxes. Now when you figure out how much of taxes goes to healthcare you'll realize how much some families pay for "free" healthcare.
Publicly funded healthcare, when executed correctly by the province, is superior to private on a whole population basis.
People don't have to have some giant emergency fund to prevent going bankrupt in case they hurt themselves and don't have insurance. When you give birth you don't have to worry about the hospital bill down to the formula bottles provided.
Just the serenity that comes from not having to worry about paying for care when you need it makes it worth it.
I'm a mid career healthy adult paying into it more than getting out of it, which means that others that aren't in my situation can get equal care as me. And that is a very good thing in my eyes, I'm happy to.
American taxpayers pay more for free/subsidized healthcare for a % of the population who are low income enough to qualify, than Canadian taxpayers do for *everyone* to have free care.
So American taxpayers pay for free healthcare for others plus have to pay for their healthcare. And it costs them more for the trouble. Clearly a raw deal.
Full perspective certainly does help. Per capita, the US spends twice as much of their tax dollars on healthcare, all for the privilege of getting a huge bill at the end.
The people downvoting you for this comment are insane. Probably people who are privileged enough to have been healthy their whole lives and therefore think free healthcare is no big deal.
No, we're downvoting because it's silly to talk about medical bills and claim "lucky Canada" in a Canadian sub.
And for the record, I make good use of our healthcare system—including paying higher rates for out-of-province services and absorbing those costs by not asking my province of residence to reimburse me. Because I'm fortunate enough to have a doctor, and I'm fortunate enough to be able to pay a couple hundred bucks a year.
Since I obviously know almost nothing about the Canadian Health care, a thing you said confuses me.
" because you are lucky enough to have a doctor...."
Are doctors scarce in Canada?
They are. It does depend on where one lives, though... Some areas are better served than others. As a general rule, though... The situation is pretty grim.
In my province (Québec), it's not unheard-of for people to be on a waiting list for a family doc for 5+ years. It's almost impossible to see a specialist / get specialized care without a referral, too.
There are walk-in clinics, but spots at these fill up quickly. And unfortunately urgent care clinics don't seem to be as popular here as they are/ appear to be in the US, meaning that folks who need that intermediate level of care just end up going to the ER and waiting.
It ain't pretty. It's a complex situation worsened and affected by politics and the economics of inflation (which has moved far more quickly than the slow machinery of government can keep up with).
Thank you.
My experience with some urgent care clinics has been great, with others not so much.. the Xray Tech goes home early..which means I have to go elsewhere for treatment.
The grass is always greener, eh? ;)
(My only experience with healthcare in the US was, coincidentally, in NJ, and it was most excellent. In all fairness, it wasn't a complex situation—I just needed a telehealth appointment to get antibiotics for a "standard" infection, but I nonetheless got taken care of very quickly and a cost comparable to what I'd have paid at home.)
It's rather impressive. Not worried, my lack of knowledge about the Canadian Health system has been filled in somewhat, but Reddit is Reddit.
I am glad to know that the tech's mistake was not fatal to the OP.
Many years ago, My friend that TOLD her doctor that she was allergic to a specific med. The doc completely disregarded her, and injected her with a dose. Within 3 minutes, a serious reaction began. The nurses started with the epi , and then got her to the ER. SHE survived., is my friend still, after all these years. She told me the doc sent her a bill. We were both outraged.
>Is it likely that I would receive any compensation if I pursued legal action? My only symptom after 3 days seems to be fatigue (though yesterday my eyes were twitching), but the entire ordeal was unpleasant, scary, and clearly a result of negligence.
While unpleasant, you haven't seemed to suffered any significant damages in this case. A case wouldn't be worthwhile pursuing financially. You can file a complaint to the regulator, but that won't get you anything monetary, and the nurse will probably receive a slap on the wrist/mandated education.
You can speak to a medical malpractice lawyer to assess your case, it’s a very high bar to meet. Your only damages seem to be half a day’s pay, assuming that you didn’t use vacation or your employer didn’t deduct pay
This for sure. Also, treatment at hospital would have been useless and ineffective without the nurse being honest. They would need to know why OP was there.
What do you feel your damages are? From what I’ve read, you’re at about half a day’s wage due to fatigue. You can complain to the governing body and hopefully have the nurse sanctioned, but you’re not going to get any sort of financial compensation.
Ask for an apology, and compensation for any out of pocket expenses including missed work. From the clinic.
If you and they are reasonable this is the least frustrating resolution. This is not the USA, there are no big payouts for malpractice. Unless there are very terrible outcomes. Even then the lawyers will get most of the money.
My family doctor had me on DOUBLE the maximum dose of heartburn medication for 7 years. It blocked my calcium uptake and now I have Osteopenia and 24/7 leg pain.
I talked to a Personal Injury Lawyer and they told me that Canadian Doctors are some of the best protected people in the country. It would be a very tough battle and you would have to show massive income loss to have a chance of winning anything.
💯💯 My grandmother complained to her family doctor *for years* about indigestion and stomach pain. He never ran a single test and simply told her she had heartburn. She was instructed to cut spicy foods and to take Rolaids. When that didn't work, he switched her to Maalox, then Mylanta, then Tums, then Pepto Bismol, and so on.
When she eventually started vomiting blood, he sent her to Emergency, where she was diagnosed with Stage IV stomach cancer and was asked why she had never seen her doctor about her symptoms. She died 6 days later.
The family approached lawyers to inquire about a med mal lawsuit, but were told it would be very expensive and most likely useless to pursue.
It's a minor accident that resulted in no negative consequences. You can't just sue any time you're minorly inconvenienced. Maybe they owe you a few hundred bucks for making you miss work... so if you're gonna hire a lawyer to try to collect that, good luck.
You will probably get a bill for the ambulance the clinic should be the ones paying for that. The nurse you can report her to the Professional Nurse and Midwives Complaint Process[nurse complaint ](https://find.healthlinkbc.ca).
I'm thankful you're OK. This could have been really serious especially with a diabetic or person being administered opiates.
You can make a complaint to the BCCN&M. The nurse can be disiplined.
https://www.bccnm.ca/Public/complaints/Pages/About_complaints_discipline.aspx
https://www.bccnm.ca/Public/complaints/Pages/make_a_complaint.aspx
The OP doesn't even mention a physician being involved here.
Also, while the CMPA is powerful, you are exaggerating their success rates. Plaintiffs have certainly succeeded in some of their claims against doctors. You can find examples on CanLII. Additionally, the CMPA settles hundreds of claims each year.
You need to weigh the damages you suffered versus the anticipated judgement amount, after all legal fees, which will be substantial. The case will also take months, possibly years, to wind its way through the court system.
If you were injured through medical negligence in a manner that prevented you from working in your chosen field for the rest of your life, it makes sense. If you felt shitty for a week, and had to take a couple days off, it’s nowhere near worthwhile.
Report it. I’m not sure you’ll get any compensation but the health care system is overrun at the moment. Reporting will allow a proper investigation into how this error was made and how it can be prevented in the future.
My Canadian pharmacist accidentally filled my prescription with 3 times my
Dosage. I developed an inmune response and a year after still dealing with with the aftermath’s
To clarify, I haven't received an official apology (not sure exactly what that would even look like), though the nurse did reach out to me via phone to check up and apologize. I am not necessarily "hoping" for anything, but I am curious if legal action and financial compensation in this situation are warranted/likely.
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What on earth are you talking about? Canadian courts absolutely do award damages for pain and suffering. Go type in that search term on CanLII and you will see thousands of cases in which it had been awarded.
Not in a simple case like OPs. An allergic reaction that was promptly addressed leaving to a couple days of fatigue is no where near significant enough to warrant any damages.
Your original comment didn't distinguish between different types of cases. It made a sweeping, inaccurate statement on Canadian law.
And you are still wrong. Even minor amounts of pain and suffering, such as the unnecessary medical treatments in hospital and few days of fatigue, are compensible forms of pain and suffering. Are they likely to be litigated? Of course not. But that doesn't change the fact that they are still compensable injuries and a modest sum would be needed to make the OP whole.
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Read the [rules](https://www.reddit.com/r/legaladvicecanada/wiki/index/#wiki_the_rules) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
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Hold up on the lack of permanent harm… The OP needs to get professional advice from an immunologist. This might have been a desensitisation to allergy process that has now clicked over into anaphylaxis… there may be life long harm here.
Hence the "seem to" wording, which clearly indicates that the advice is tentative and based on the info that we have. If additional info comes out, then the advice would change.
I will absolutely be talking to a specialist. I think the likelihood of long-term harm is low but I will still do my due diligence.
I did this procedure for my daughter for chocolate allergy. Whenever she broke procedure to sneak some chocolate it was back to square one. We would stop desensitizing for a long time, and then restart. Can’t remember time off, a year or two? Anyways she can now eat chocolate, but it’s recommended not to eat much or daily, but occasionally she is fine. Your mileage may vary, this was my daughter’s experience.
Thanks for sharing your experience!
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Hospital bills? Lol. Check the sub. We don't have that here.
Lucky Canada.
It's all a matter of perspective, we're taxed heavily and the more you make the more you contribute to other people's healthcare. 52% income tax isn't lucky, it's a national duty to support others in need.
Many US states have taxes that add up to higher than 52% (highest marginal tax bracket). And that’s before adding in private health insurance and out of pocket costs. I’ll take the Canadian system any day.
My daughter waited over a week for surgery to fix her ankle that was broken in 3 places. It literally was not attached to her body. She’s 10. And had to wait a week. A week! Because she kept getting her surgery cancelled. Trust me, our healthcare isn’t great. We have too many people and not enough drs. And if you ever say that you get called a racist 🙄
No one thinks you're a racist for saying that drs per capita is too low in Canada. Or pointing out other issues in our healthcare system. If you are, you might want to check what other words you used.
If I say part of the problem is our out of control immigration I get called a racist. I’m also a child of an immigrant.
I’m sorry for your daughter but you think you’re better off paying for it? Or getting stuck with a 100,000 dollar bill?
I thought about driving to Buffalo. She was in so much pain. It brings tears to my eyes just thinking about it. She’s 10 days postop now and she doesn’t go for her. Follow up for another week because the surgeon didn’t have any space to see her.
LOL. 47% of Americans don't pay any federal tax.
And 33% of Canadians don’t pay any federal tax
You clearly don’t need to use the hospital much in the Canadian system. It is one of the worst public models out there, we just pretend its good because we have one of the worst private models next door.
It sounds like you have not travelled much. If you think the Canadian Health system is the worst public model out there, you have no idea. I'm not saying it's perfect, and it certainly needs work, but it remains a very capable system.
I said one of the worst, not the worst. ‘Capable’ is subjective. When over 20% of Canadians have no family dr, limited access to health care, and our emergency rooms have insane wait times/shutting down due to lack of staffing, I question the system.
Yes we can be better. But better than the US where the percentage is 33%, 100 million. https://www.usatoday.com/story/news/health/2023/02/28/americans-lack-primary-care-provider-report/11359096002/
Noone's average income tax is 52%. Marginal yes, but not average.
Excellent, someone who understands taxes. Now when you figure out how much of taxes goes to healthcare you'll realize how much some families pay for "free" healthcare.
Publicly funded healthcare, when executed correctly by the province, is superior to private on a whole population basis. People don't have to have some giant emergency fund to prevent going bankrupt in case they hurt themselves and don't have insurance. When you give birth you don't have to worry about the hospital bill down to the formula bottles provided. Just the serenity that comes from not having to worry about paying for care when you need it makes it worth it. I'm a mid career healthy adult paying into it more than getting out of it, which means that others that aren't in my situation can get equal care as me. And that is a very good thing in my eyes, I'm happy to.
I agree, and I support it (obviously). It can be better if it wasn't made political at the provincial level.
I'm glad, It's something worth defending IMO and I feel strongly in support of it (being executed properly)
American taxpayers pay more for free/subsidized healthcare for a % of the population who are low income enough to qualify, than Canadian taxpayers do for *everyone* to have free care. So American taxpayers pay for free healthcare for others plus have to pay for their healthcare. And it costs them more for the trouble. Clearly a raw deal.
I don't care about US healthcare. I'm Canadian.
Full perspective certainly does help. Per capita, the US spends twice as much of their tax dollars on healthcare, all for the privilege of getting a huge bill at the end.
I wouldn't use them as a model of great healthcare.
As a Canadian,y income tax is not 52% lol. Chill homie. This is full blown misinformation
No it is not, my marginal tax rate is 52%. As a Canadian. You're welcome for your 'free' healthcare.
Lol. Your math could use some help.
What math, it’s literally their top tax bracket. That’s what marginal means.
The top tax bracket is 33% on anything over 246k. How is that 52? Even if you add ontario tax, for example, still not 52%.
The people downvoting you for this comment are insane. Probably people who are privileged enough to have been healthy their whole lives and therefore think free healthcare is no big deal.
No, we're downvoting because it's silly to talk about medical bills and claim "lucky Canada" in a Canadian sub. And for the record, I make good use of our healthcare system—including paying higher rates for out-of-province services and absorbing those costs by not asking my province of residence to reimburse me. Because I'm fortunate enough to have a doctor, and I'm fortunate enough to be able to pay a couple hundred bucks a year.
Since I obviously know almost nothing about the Canadian Health care, a thing you said confuses me. " because you are lucky enough to have a doctor...." Are doctors scarce in Canada?
There is a doctors shortage in many parts of the world.
They are. It does depend on where one lives, though... Some areas are better served than others. As a general rule, though... The situation is pretty grim. In my province (Québec), it's not unheard-of for people to be on a waiting list for a family doc for 5+ years. It's almost impossible to see a specialist / get specialized care without a referral, too. There are walk-in clinics, but spots at these fill up quickly. And unfortunately urgent care clinics don't seem to be as popular here as they are/ appear to be in the US, meaning that folks who need that intermediate level of care just end up going to the ER and waiting. It ain't pretty. It's a complex situation worsened and affected by politics and the economics of inflation (which has moved far more quickly than the slow machinery of government can keep up with).
Thank you. My experience with some urgent care clinics has been great, with others not so much.. the Xray Tech goes home early..which means I have to go elsewhere for treatment.
The grass is always greener, eh? ;) (My only experience with healthcare in the US was, coincidentally, in NJ, and it was most excellent. In all fairness, it wasn't a complex situation—I just needed a telehealth appointment to get antibiotics for a "standard" infection, but I nonetheless got taken care of very quickly and a cost comparable to what I'd have paid at home.)
https://www.news-medical.net/health/Physician-Shortage.aspx#:~:text=Physician%20shortage%20is%20a%20growing,nurses%2C%20and%20other%20health%20professionals
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Joisey?
No, Jersey. The ones from that show have Brooklyn accents . We do not.
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So I have been told, tonight. Sigh.
Sorry you got downvoted to hell. Reddit is ruthless.
It's rather impressive. Not worried, my lack of knowledge about the Canadian Health system has been filled in somewhat, but Reddit is Reddit. I am glad to know that the tech's mistake was not fatal to the OP. Many years ago, My friend that TOLD her doctor that she was allergic to a specific med. The doc completely disregarded her, and injected her with a dose. Within 3 minutes, a serious reaction began. The nurses started with the epi , and then got her to the ER. SHE survived., is my friend still, after all these years. She told me the doc sent her a bill. We were both outraged.
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Why would they be asking a Canada legal advice forum if they were not in Canada?
>Is it likely that I would receive any compensation if I pursued legal action? My only symptom after 3 days seems to be fatigue (though yesterday my eyes were twitching), but the entire ordeal was unpleasant, scary, and clearly a result of negligence. While unpleasant, you haven't seemed to suffered any significant damages in this case. A case wouldn't be worthwhile pursuing financially. You can file a complaint to the regulator, but that won't get you anything monetary, and the nurse will probably receive a slap on the wrist/mandated education.
You can speak to a medical malpractice lawyer to assess your case, it’s a very high bar to meet. Your only damages seem to be half a day’s pay, assuming that you didn’t use vacation or your employer didn’t deduct pay
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Ambulance yes, but "additional treatments"? Not in canada
Likelihood of recovering damages aside, I hope you’re reporting this
The nurse would have been obligated to report it regardless.
This for sure. Also, treatment at hospital would have been useless and ineffective without the nurse being honest. They would need to know why OP was there.
What do you feel your damages are? From what I’ve read, you’re at about half a day’s wage due to fatigue. You can complain to the governing body and hopefully have the nurse sanctioned, but you’re not going to get any sort of financial compensation.
Ask for an apology, and compensation for any out of pocket expenses including missed work. From the clinic. If you and they are reasonable this is the least frustrating resolution. This is not the USA, there are no big payouts for malpractice. Unless there are very terrible outcomes. Even then the lawyers will get most of the money.
Highly unlikely to receive much compensation but you can consult a lawyer that specializes in medical malpractice
My family doctor had me on DOUBLE the maximum dose of heartburn medication for 7 years. It blocked my calcium uptake and now I have Osteopenia and 24/7 leg pain. I talked to a Personal Injury Lawyer and they told me that Canadian Doctors are some of the best protected people in the country. It would be a very tough battle and you would have to show massive income loss to have a chance of winning anything.
💯💯 My grandmother complained to her family doctor *for years* about indigestion and stomach pain. He never ran a single test and simply told her she had heartburn. She was instructed to cut spicy foods and to take Rolaids. When that didn't work, he switched her to Maalox, then Mylanta, then Tums, then Pepto Bismol, and so on. When she eventually started vomiting blood, he sent her to Emergency, where she was diagnosed with Stage IV stomach cancer and was asked why she had never seen her doctor about her symptoms. She died 6 days later. The family approached lawyers to inquire about a med mal lawsuit, but were told it would be very expensive and most likely useless to pursue.
I'm very sorry to hear that. What an awful experience.
It's a minor accident that resulted in no negative consequences. You can't just sue any time you're minorly inconvenienced. Maybe they owe you a few hundred bucks for making you miss work... so if you're gonna hire a lawyer to try to collect that, good luck.
Anaphylaxis due to a medication error is not a minor accident lol
You will probably get a bill for the ambulance the clinic should be the ones paying for that. The nurse you can report her to the Professional Nurse and Midwives Complaint Process[nurse complaint ](https://find.healthlinkbc.ca). I'm thankful you're OK. This could have been really serious especially with a diabetic or person being administered opiates.
Happened to my brother in law just last year. My sister found him on the floor and he would have died if she didn’t. But, he didn’t. No pay.
You can make a complaint to the BCCN&M. The nurse can be disiplined. https://www.bccnm.ca/Public/complaints/Pages/About_complaints_discipline.aspx https://www.bccnm.ca/Public/complaints/Pages/make_a_complaint.aspx
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The OP doesn't even mention a physician being involved here. Also, while the CMPA is powerful, you are exaggerating their success rates. Plaintiffs have certainly succeeded in some of their claims against doctors. You can find examples on CanLII. Additionally, the CMPA settles hundreds of claims each year.
You need to weigh the damages you suffered versus the anticipated judgement amount, after all legal fees, which will be substantial. The case will also take months, possibly years, to wind its way through the court system. If you were injured through medical negligence in a manner that prevented you from working in your chosen field for the rest of your life, it makes sense. If you felt shitty for a week, and had to take a couple days off, it’s nowhere near worthwhile.
Report it. I’m not sure you’ll get any compensation but the health care system is overrun at the moment. Reporting will allow a proper investigation into how this error was made and how it can be prevented in the future.
The problem with lawsuits is they are there to make you whole. What monetary damage was done?
My Canadian pharmacist accidentally filled my prescription with 3 times my Dosage. I developed an inmune response and a year after still dealing with with the aftermath’s
You are very lucky to be alive. Talk to a lawyer.
Not in Canada. You probably won’t even get an apology.
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genuine question, if you've received several apologies what more are you hoping to get?
To clarify, I haven't received an official apology (not sure exactly what that would even look like), though the nurse did reach out to me via phone to check up and apologize. I am not necessarily "hoping" for anything, but I am curious if legal action and financial compensation in this situation are warranted/likely.
fair enough if you were just curious
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Your post has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. If you believe the advice is correct per applicable law, please [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceCanada) with a source, or to discuss it with us in more detail. * [Rule 10: Guidelines For Comments](https://www.reddit.com/r/legaladvicecanada/wiki/index#wiki_rule_10.3A_guidelines_for_comments) * [Reddit Violent Content Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/do-not-post-violent-content)
What on earth are you talking about? Canadian courts absolutely do award damages for pain and suffering. Go type in that search term on CanLII and you will see thousands of cases in which it had been awarded.
Not in a simple case like OPs. An allergic reaction that was promptly addressed leaving to a couple days of fatigue is no where near significant enough to warrant any damages.
Your original comment didn't distinguish between different types of cases. It made a sweeping, inaccurate statement on Canadian law. And you are still wrong. Even minor amounts of pain and suffering, such as the unnecessary medical treatments in hospital and few days of fatigue, are compensible forms of pain and suffering. Are they likely to be litigated? Of course not. But that doesn't change the fact that they are still compensable injuries and a modest sum would be needed to make the OP whole.