What is informed consent? In negligence, informed consent is essentially a duty of disclosure. A doctor meeting the right standard can still be found negligent if they don’t properly disclose the risks of treatment to the patient. Negligence versus Battery Lack of patient consent engages both the tort of negligence and the tort of battery.…
ICBC cannot rewrite history. Unpopular for treatment of minor injury claims in the 1990’s and 2000’s, ICBC has struggled to remain socially relevant in the last 10 years. The ICBC policies caused more grief to the injured than savings to the corporation. How does the NDP expect ICBC to implement these Minor Injury Regulations? Many…
ICBC will now focus on care not legal costs, but what does that mean? Starting April 1, 2019 ICBC is capping care costs for innocent car accident victims. Innocent motorists are therefore no longer able to claim the full cost for treatment after a car accident. As a result, necessary treatment costs above the treatment…
No, self-driving cars are not legal in British Columbia. There are no legislated standards for self-driving vehicle operation on our roads. British Columbia is therefore lacking in regulation, certification, and insurance for self-driving cars. State Run Auto Insurance- ICBC This is, in part, because we have a state controlled auto insurer, ICBC. Increasing single vehicle…
Store liability for customer injuries due to poor maintenance will result in money compensation. Most store owners therefore best have a system in place to keep customers safe. Following the system is key, however, regardless of the adequacy of the system. An occupier of a store owes a duty to take reasonable care that a…
Medical malpractice settlements are generally private and therefore not reported. The amount of the settlement will reflect the risk of going to trial. These are civil lawsuits brought by patients against negligent care providers. Settlements are paid to the patient by an insurance company. As a result, a release agreement must be signed. The settlement…
What does minor injury mean? The ICBC definition only relates to car accidents after April 1, 2019. This stipulative definition captures almost all serious auto injuries. Yes, ICBC defines most serious auto injuries as minor . Find out how ICBC pays less money for those injuries under the Minor Injury Regulations. ICBC adjusters have no…
Self-driving car laws will force us to share the road with driverless cars. As a result, cities will try to restrict the use of self-driving vehicles. However, provincial and federal legislation could prevent city regulation. If this sounds like science fiction, think again. The Autonomous Vehicles Act, has been tabled and debated in Illinois since…
Amounts awarded in successful slip and fall injury cases guide out of court settlements. Compensation for pain and suffering will vary depending on the nature and severity of the injury. There are two main issues when reviewing slip and fall settlement amounts: (1) liability of the occupier and (2) Severity of injury. The greater the…
In medical malpractice cases there is no uniform standard of care governing all doctors. Standard of Care A medical doctor’s error in clinical judgment does not necessarily lead to medical malpractice. Similarly, a poor outcome from medical treatment does not always mean a doctor is legally responsible. The proper standard is related to the doctor’s…