In this medical negligence case the claimant suffered a stroke from an undiagnosed condition which left her with brain damage and paralysis. She sued the pediatric neurologist that started treating her at age 13. She claimed the doctor fell below the standard expected of a reasonably competent Pediatric Neurologist. However, where a specialist physician follows…
Patients trust that physicians are following the current medical standard of care. However, when injured due to negligent treatment, the focus shifts to the patient to prove the misbehavior. What to do after a medical malpractice is dictated by standard of care that has been breached. Here are three steps to take once you suspect…
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…
This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the standard of care in not locating and repairing the sign before the incident. The injury…
The Supreme Court of Canada has coined the phrase “mental injury” in a sweeping decision abolishing misguided prejudices over “psychological”, “emotional” or “psychiatric” injury claims in the law of tort. The requirement that an injury claimant suffer a medically recognized psychiatric or psychological illness or condition, as a bar to recover, has been eliminated. The ICBC injury claimant’s award of $100,000…
This injury claimant alleged the bridge designers failed to properly design a manhole cover near the Pitt River Bridge resulting in his car accident injury. The claimant described the manhole as protruding some inches above the surface of the roadway. His claim was dismissed at a summary trial on the basis that he had failed to establish a breach…
In awarding the full costs of a 28 day medical malpractice trial against the unsuccessful injury claimant the Court of Appeal had this to say, [213] I am not unsympathetic to the plight of the [] family. As a consequence of this judgment, they face a significant costs award in addition to the burden of continuing…
In this medical malpractice case the claimant mother was 28 weeks pregnant when she presented in the emergency room complaining of neck pain. She was seen by a registered nurse and a family practitioner and was discharged with recommendation for massage therapy. She suffered seizures soon thereafter and underwent an emergency caesarean section. The claimant child was born with significant disability.…
The Court of Appeal has allowed an appeal of a police offer found 20% at fault for injury and death caused by a suicidal individual who drove his vehicle into oncoming traffic killing himself and the other driver (Bergen v. Guliker, 2015 BCCA 283). This case establishes that there is currently no recognized duty of care owned to the…