Since 2010, Holness and Small Law Group has written over 1000 legal blog articles. We believe that staying informed and current with personal injury news and case developments is essential to providing proper legal services to our clients when advocating for their rights.

Starting Medical Malpractice Basics

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…

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Expert Rule

Prescribing Error Malpractice Award

This medical malpractice lawsuit arose from a prescribing error by a general practitioner. The doctor admitted the prescription error but denied that it caused any lasting injuries. The defendant, Dr.C. E. Fourie, admitted the claimant was entitled to damages resulting from the perforated ulcer, surgery, and hospitalization. However, no lasting injuries resulting from the defendant’s…

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Making ICBC statement

ICBC Statement Results in Breach of Insurance

Statements made to ICBC and the police without a lawyer generally ends poorly. This claimant was found to be not covered by ICBC for injuries because of her ICBC statement and testimony. Indemnity under a policy of insurance with ICBC was sought by the claimant.  ICBC denied coverage saying the claimant permitted an impaired person…

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ICBC Given Special Legal Status to Prevent use of Expert Reports

On February 11, 2019 Attorney General, David Eby, teaming with auto monopoly ICBC, announced draconian restrictions on experts and expert reports. The new rules will limit the ability of innocent victims to use expert reports. Medical reports, economic reports, treatment reports, work capacity assessments and other expert opinions will be restricted. Without a court application,…

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Neighbourly Love in the Era of Autonomous Vehicles

Our cars are taking over the important functions of driving. Therefore, automakers and the others that control vehicle behaviour are learning to love thy neighbour.  Since 2016 NHTSA has recommended highly automated vehicle systems, the HAV system, be deemed “the driver” for purposes of traffic laws. As responsibility shifts to manufacturers, self-driving vehicles will be…

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