Defences to a Medical Malpractice Claim – What to Expect
Establishing a Medical Malpractice Claim A medical professional commits malpractice when they fail to meet the established standard of care within the profession. Medical malpractice claims are very difficult to prove, require a high level of technical expertise, are incredibly complex and nuanced, and vary widely in the issues at hand in the case. In […]
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The Standard of Care: What Patients Should Expect
The Role of Standard of Care in Medical Malpractice Cases Medical malpractice claims are notoriously difficult and complex. Since the nature of these cases ties directly into the medical field, it’s important to understand the nuances that must be considered and assessed when determining if medical malpractice occurred. There are several key elements that must […]
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Harrington v. Dow Corning Corporation – The First Certified Class Action in British Columbia
The Origin of Class Action Lawsuits Class action lawsuits have existed in the legal system, in some form or fashion, for hundreds of years. Appearing for the first time in England in the 13th century and known as group litigation, the common issue in those cases typically addressed some action that broke a rule or […]
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How Hard Is It to Sue a Doctor for Medical Malpractice?
Medical malpractice can be extremely difficult to prove. This is attributable in part to the complexity of modern medicine, as well as the legal protections and resources doctors and other medical providers enjoy. It is important to know what challenges you face if you are harmed as a result of a doctor’s error. An experienced […]
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The Importance of Institutional Negligence Class Actions
What Is an Institution? Institutions are fundamental to our lives. They are often enormous, far-reaching organizations that we utilize, become employed by, or receive care from. They become part of our lives on a routine basis. We place our trust and confidence in institutions. Common examples of institutions include: Governmental departments Banks Universities Schools Police […]
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Understanding Class Actions in Canada
What Is a Class Action? A class action is a type of lawsuit that allows one or more plaintiff to seek relief for themselves and for others who have similar claims against the same party. This allows the court, in a certified class proceeding, to resolve the claims of a large number of people in […]
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What Are the Types of Medical Malpractice?
Medical malpractice claims are a type of lawsuit that can be brought against a medical provider or medical facility who has fallen below the accepted standards of health care in the course of treatment and, thus, has caused harm or injury to a patient. These claims are very complex in nature and range vastly in […]
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What Is a Representative Plaintiff in a Class Action Lawsuit?
A class action is a type of lawsuit that allows victims to seek collective relief both for themselves and for others who have similar claims against the same party. In this blog, we’ll examine the role, responsibilities, and intricacies of the representative plaintiff in class action lawsuits. What Is a Representative Plaintiff in a Class […]
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Can You Sue a Doctor in BC?
Doctors in British Columbia have a duty to provide patients with care that meets the standards of the medical profession. Many doctors deliver a consistently high standard of care, promptly diagnosing health issues and delivering proper and effective treatments. However, medical negligence is still a major problem. The University of Toronto Magazine reports that anywhere […]
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What Is Medical Malpractice?
A General Overview The area of law known as medical malpractice encompasses civil claims filed against medical providers for medical negligence and failing to provide proper medical care. The standard for proper medical care is established on the practices accepted within the medical profession. Medical malpractice cases are inherently complex and vary widely in nature, […]
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What Birth Injuries Cause Brain Damage?
Healthy development of the brain is crucial for a baby’s growth and development. Unfortunately, the brain is extremely sensitive to damage. An “insult” to the developing brain (such as an injury or illness) can lead to a wide range of complications and challenges that can affect a child for the rest of his or her […]
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Can I Sue for Malpractice in Emergency Rooms?
The emergency room or emergency department of a hospital is a hectic environment. Doctors, nurses, and other staff are often racing to treat multiple casualties with little to no time before moving to the next patient. Although emergency room personnel are trained to handle a high volume of patients presenting with a wide variety of […]
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What Is No-Fault Insurance in British Columbia?
The launch of the no-fault auto insurance scheme on May 1 brought a number of changes to the process of filing a claim after a motor vehicle accident in British Columbia. Unfortunately, the majority of these changes are unfavourable for those who have been injured in accidents, including drivers and pedestrians. Motorists, pedestrians, and cyclists […]
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How Long Do You Have to Keep Medical Records?
Physicians and healthcare professionals are legally required to document and maintain accurate, comprehensive medical records in order to provide patients with the best possible care. Medical records document many important aspects of a patient’s health and medical history, including test results, plan of care, medications prescribed, treatments performed, and much more. Given the information in […]
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Can You Sue a Hospital for Misdiagnosis?
Hospitals care for a high volume of patients. Doctors, nurses, and other staff are required to handle a wide variety of patient illnesses, injuries, and complaints, from medical emergencies to chronic disease. We expect hospitals and the people who work there to maintain a high level of care, accurately diagnosing our ailments and providing proper […]
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How Long Do I Have to Sue for Medical Negligence?
All personal injury claims are subject to time limits known as the limitation period. If you have been injured through no fault of your own, bringing a claim within the limitation period is crucial for recovering compensation. Medical negligence claims must be commenced within the limitation period as well. However, these cases often involve unique […]
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Do I Have a Case for Medical Negligence?
Mistakes in a healthcare setting can have dire consequences. Patients may suffer new and more severe medical issues, complications, declining health, and even death due to errors on the part of doctors and other providers. If you or a family member suffered harm due to medical negligence, you may be entitled to compensation. You should […]
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What Is the CMPA?
Medical malpractice is a complex area of law. The science underlying claims of medical negligence can make it difficult for patients to prove (a) that an error occurred and (b) that the error resulted in injury. However, perhaps the more serious obstacle to recovering fair compensation for medical malpractice is the aggressive defence mounted on […]
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What Medical Professionals Are Liable for Malpractice?
Generally, patients who suffer injury due to medical malpractice consider their doctor the person principally responsible. However, multiple providers involved in your care may be liable for damages stemming from medical errors. Medical malpractice claims are complex. Recovering the full compensation you deserve is dependent on identifying all of the professionals at fault for the […]
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Updating Estate Plans After Divorce: What Happens When a Will Is Not Revised
It is estimated that nearly 40% of marriages end in divorce throughout Canada. In addition, “More than one in four Canadians aged 35 to 64 who were in a couple relationship in 2017 were in their second or subsequent marriage or common-law relationship.” But what happens in these second marriages when previous estate plans were […]
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