Can You Sue a Doctor for Pain and Suffering?
Patients who suffer injury or lose a loved one as a result of medical negligence can find the concept of damages for pain and suffering to be confusing. It is important to understand that there are two types of recoverable damages in a personal injury case. Pecuniary damages include the economic costs incurred as a […]
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Birth Injuries Resulting From Medical Malpractice
When an injury occurs during the birth of a child, the life of a family can be upended and impacted forever. A birth injury is an injury an infant sustains during pregnancy, labour, delivery, or post-delivery. In some cases, the injuries can be immediately diagnosed, but in others, it may take years to identify the […]
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Are Homeowners Liable for Trip and Falls?
A trip and fall lawyer can help you take legal action if you are injured on property owned and/or occupied by others through no fault of your own. However, it can be difficult to know what your legal rights are in the immediate aftermath of an injury. This is especially true when you trip and […]
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Key Evidence in Trip and Fall Cases
Key evidence is necessary for a plaintiff to prove that their trip and fall incident was the result of a property owner’s negligence. If you have been injured in a trip and fall accident, you should contact an experienced trial lawyer as soon as possible. Your lawyer will immediately begin gathering evidence from a variety […]
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How Is a Class Action Lawsuit Different from a ‘Mass Tort’?
David Klein was the first lawyer to get a class action lawsuit certified in British Columbia. Since that time, Klein Lawyers has been a leading firm in class action litigation. Class action lawsuits make it possible for multiple plaintiffs who have been harmed by a defendant or multiple defendants’ negligence to recover compensation without the […]
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Duty of Care – The Doctor-Patient Relationship
The relationship between a patient and their doctor requires mutual respect, trust, and honesty. The goal of the relationship is often to improve or maintain the health of the patient. Therefore, not only is the relationship incredibly important, but it must also be one of collaboration and provide an understanding of both the patient’s expectations […]
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What to Do If a Doctor Overlooks a Known Drug Allergy
Severe allergic reaction to medication is classified as a “never event.” In the medical profession, never events are preventable errors that can seriously harm patients and even result in the death of a patient. A medical malpractice lawyer can evaluate the circumstances of an adverse medication reaction to determine if a doctor or other medical […]
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What Legal Duties Do Occupiers Have in British Columbia?
Have you been injured on premises belonging to someone else? You may be entitled to compensation through an occupiers’ liability claim. The definition of an “occupier” can be found in Section 1 of British Columbia’s Occupiers Liability Act. An occupier “means a person who (a) is in physical possession of premises; or (b) has responsibility […]
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Common Trip, Slip, and Fall Accidents That Occur During the Summer
Trip, slip, and fall accidents account for a significant number of the accidental injuries and emergency room visits that occur every year throughout Canada. These injuries can be serious and result in hospitalization and missed time from work. They can occur during any type of activity, from home chores to vacations, from shopping trips to […]
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Can I Claim Compensation for a Trip and Fall?
The Occupiers Liability Act is the legislation in British Columbia that establishes the duties of property owners and occupiers as they apply to ensuring the safety of people on their premises. Another applicable British Columbia statute, the Negligence Act, specifies how damages are awarded to people who suffer injury due to dangerous conditions, activities, and/or […]
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Causation: Basic Principles in Medical Negligence
Medical negligence cases present a myriad of inherent complexities and challenges for the plaintiff. One of the essential elements a plaintiff must establish is causation. Causation is the direct relationship between the defendant’s negligence and the injury to the plaintiff. The question that must be answered is: Did the defendant’s breach of the standard of […]
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What Should I Do If I Have Been Hurt on Someone Else’s Property?
You have rights if you suffered an injury owned and/or occupied by someone else. In British Columbia, personal injury claims on dangerous premises are governed by the Occupiers Liability Act. Occupiers’ liability claims are complicated and can be difficult to handle on your own. Generally, it is in your best interest to consult a knowledgeable […]
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How Do You Determine If You Have a Case for Medical Malpractice?
Medical malpractice cases involve their own unique sets of circumstances, facts, and parties. No two cases are identical. Assessing whether or not a case has merit is a difficult and complicated process. Because of the nature of medical malpractice cases, both a legal and medical analysis are required in order to not only assess the […]
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The Evolution of the Law of Informed Consent
The concept of consent in the medical field has evolved considerably. The Britannica Dictionary defines consent as, “to agree to do or allow something: to give permission for something to happen or be done.” In medical and legal contexts, the concept of consent addresses the complexities of the doctor-patient relationship and the responsibility placed on […]
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Damages in Medical Malpractice Cases
Medical malpractice cases are complex and often take years to reach a resolution. The process can be intimidating to patients who were the victims of alleged negligence by their doctors. Lawyers who handle these types of cases will guide their clients through the process and explain what’s going on and what they can expect next. […]
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What Is Shoulder Dystocia?
Shoulder dystocia (dis-TOE-she-uh) is a birth injury that occurs when a baby’s shoulder becomes trapped behind the mother’s pubic bone during labour. If the condition is not resolved promptly, the baby can suffer injuries that may result in long-term and even lifelong complications. The mother is also at risk of harm if shoulder dystocia is […]
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The TDF Class Action: Viread, Truvada, Atripla, Complera and Stribild
Seeking Justice When Corporations Put Profits Over People The History and Uses of TDF Drugs Tenofovir disoproxil fumarate (TDF) is an oral medication developed and manufactured by Gilead Sciences, Inc. and is used in conjunction with other compounds to treat and prevent the transmission of HIV. TDF drugs manufactured by Gilead Sciences, Inc. include Viread, […]
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Roundup Weed Killer Class Action
Roundup was a spray weed killer developed and manufactured by Monsanto in the 1970s. First registered for use in Canada in 1976, Roundup is a chemical herbicide that could be used for both personal and commercial purposes. Over the decades, it became one of the most popular and widely used chemical herbicides in the world. […]
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The Canadian Medical Protective Association and How It Differs from an Insurance Company
Incidents of medical malpractice are a sad reality for patients of the Canadian health care system. Acts of negligence and malpractice resulting in adverse health outcomes drastically affect the lives of tens of thousands of victims every year. When medical malpractice occurs, the only way for Canadians to seek compensation for their injuries is through […]
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Medical Malpractice Claims Involving Misdiagnosis, Missed Diagnosis, or Delayed Diagnosis
Medical malpractice can take many different forms. Cases involving diagnoses that are late, wrong, or missed completely represent some of the most prevalent instances of medical malpractice events. While mistakes in the vast and complex field of medicine are sometimes unavoidable, sadly, sometimes these errors result in significant harm and injury to a patient. In […]
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