Klein Lawyers Blog

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female doctor holding the hands of a distressed patient

Can You Sue a Doctor for Pain and Suffering?

October 19, 2022

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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newborn baby with skin rash from allergic reaction after birth

Birth Injuries Resulting From Medical Malpractice

October 12, 2022

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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tripping hazards on the outside of a home

Are Homeowners Liable for Trip and Falls?

October 5, 2022

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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Caution: Tripping Hazard sign on wall

Key Evidence in Trip and Fall Cases

September 28, 2022

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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gavel resting on stand in front of shelf with law books

How Is a Class Action Lawsuit Different from a ‘Mass Tort’?

September 21, 2022

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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female doctor consulting with young female patient

Duty of Care – The Doctor-Patient Relationship

September 14, 2022

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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female patient refusing medication from a doctor

What to Do If a Doctor Overlooks a Known Drug Allergy

September 7, 2022

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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sign on property reading 'Private Land: No Public Right of Way'

What Legal Duties Do Occupiers Have in British Columbia?

August 29, 2022

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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swimming pool and pool deck on summer day

Common Trip, Slip, and Fall Accidents That Occur During the Summer

August 10, 2022

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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feet of man walking over uneven threshold in a dangerous building

Can I Claim Compensation for a Trip and Fall?

August 3, 2022

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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doctor filling out patient records

Causation: Basic Principles in Medical Negligence

July 27, 2022

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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elderly woman injured after fall on concrete steps

What Should I Do If I Have Been Hurt on Someone Else’s Property?

July 21, 2022

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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female doctor comforting female patient after bad news

How Do You Determine If You Have a Case for Medical Malpractice?

July 13, 2022

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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doctor holding form labelled 'Informed Consent' for patient to sign

The Evolution of the Law of Informed Consent

June 29, 2022

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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young female doctor consulting with elderly male patient

Damages in Medical Malpractice Cases

June 22, 2022

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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baby crying due to shoulder dystocia birth injury

What Is Shoulder Dystocia?

June 13, 2022

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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two young men holding TDF drug capsules

The TDF Class Action: Viread, Truvada, Atripla, Complera and Stribild

June 8, 2022

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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man spraying Roundup weed killer on his lawn

Roundup Weed Killer Class Action

June 1, 2022

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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medical malpractice claim on clipboard next to surgical scrubs and stethoscope

The Canadian Medical Protective Association and How It Differs from an Insurance Company

May 23, 2022

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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female doctor comforting male patient after diagnostic error

Medical Malpractice Claims Involving Misdiagnosis, Missed Diagnosis, or Delayed Diagnosis

May 9, 2022

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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