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Medical Malpractice Cases

Medical Malpractice – Informed Consent to Medical Treatment

Most medical procedures involve some level of risk.  Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not to proceed.  This is known as informed consent. A doctor’s obligation to obtain…

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Medical Malpractice – Time Limit in Starting a Claim Against a Doctor

If you have been injured as a result of medical malpractice, the Limitation Act sets out maximum time periods in which a legal action (lawsuit) must be brought against medical practitioners.  If a lawsuit is not filed by the deadline, known as the limitation date, then the claim expires and it is voided.  It is,…

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Medical Malpractice – Hospital Errors and Hospital Overcrowding

In British Columbia and throughout Canada, it is no secret that our hospitals are overcrowded and that they are not equip to adequately handle the amount of patients who require care. As hospitals try to deal with overcrowding, patients are sometimes being treated or held in unconventional places such as hallways, staff rooms and supply…

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Medical Malpractice & ICBC Claims – What Happens if your Injuries are Worsened by Incorrect Medication Prescribed by your Doctor?

Medication is often prescribed to claimants who are injured in motor vehicle accidents to help manage pain and to help control psychological injuries such as depression. What happens if your doctor prescribes a medication incorrectly and you suffer from additional or worse symptoms as a result? Is ICBC liable for the full extent of your…

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Medical Malpractice Claims – Details of the Staggering Resources Committed to Defending Doctors

Medical malpractice claims are very complex and inherently expensive due to the expert evidence needed to prove negligence against a doctor. The reason why medical malpractice claims are expensive is because of the expert evidence needed to successfully prove that a doctor’s negligence and the injuries caused by that negligence. In this regard, most medical…

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COVID-19 Suspends ICBC Injury and Civil Limitation Periods

Personal injury cases with time limits falling after March 26, 2020 have been stalled by COVID-19. Car accidents, ICBC injury claims, slip and falls, medical malpractice and other civil claim limitations will be in large part suspended due to the pandemic. However, the Supreme Court Registry confirmed with us today that they are still accepting…

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Medical Malpractice – Proving Causation

There are a number of challenges in proving causation against a doctor. Medicine is often described as an art, not a science, because it is imprecise and unpredictable. Diagnostic procedures and tests can often be imperfect. Patients may present with confusing or inconsistent signs and symptoms. Treatments often carry risk of poor outcomes or side…

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Medical Malpractice Claim Not Too Complex for a Jury

Howe v. Hwang 2018 BCSC 90 involved a medical malpractice claim where the injured claimant alleged that not only the wrong surgery was performed on her by the defendant doctor, but that the wrong surgery was done incorrectly resulting in life threatening complications and additional surgeries to save her life. The parties agreed on quantum…

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Medical Malpractice Claim Dismissed Against Delivery Nurse and Hospital

As discussed in previous blog posts, medical malpractice claims are difficult to prove due to the complexity and the legal and evidentiary standards of proof required. To be successful in a medical malpractice claim, you must: prove that there was an error in judgment or practice on behalf of the medical practitioner or medical institution…

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