Vancouver Medical Malpractice Lawyer – Informed Consent and Explaining Risks to Patients

As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk.  All risks such as potential side-effects and complications must be disclosed to patients by the medical practitioner before the procedure takes place.  This information allows patients to make an informed decision about whether or not…

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Vancouver Medical Malpractice Lawyer – Failure to Follow and to Comply with Medical Advice

As discussed in previous blog articles, the paramount issue in all medical malpractice cases is causation.  The injured claimant must prove not only that the doctor failed to meet the standard of care expected of him/her, but also that this negligence caused the injury. The standard of proof is the “balance of probabilities” in which…

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Vancouver Medical Malpractice Lawyer – Negligent Omissions and Failure to Act by Doctors

If a doctor fails to provide necessary medical treatment this is known as a failure to act or a negligent omission.  An example is failure to diagnose a medical condition.  Another example is failure to provide medical treatment. As discussed in previous blog articles, medical malpractice causation is an important issue in all claims.  Causation…

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Vancouver Dental Malpractice Lawyer – Dental Malpractice Appeal Dismissed

Medical malpractice claims and dental malpractice claims are the same.  The only difference is that dental malpractice refers specifically to negligence on behalf of dental professionals including dentists, dental assistants, orthodontists and oral surgeons. In Warlow v. Dr. Sadeghi 2019 BCSC 463, the injured claimant suffered permanent and debilitating nerve pain when her dentist injured…

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Jacqueline Small Interviewed by Canadian Lawyer Magazine

We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed by Canadian Lawyer Magazine about an ICBC case involving an injured claimant who suffered severe PTSD. Ms. Small originally wrote a blog article on this ICBC PTSD claim which proceeded to trial.  In that ICBC case, the injured claimant was…

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Wrongful Death Claims and the Family Compensation Act (Part 1)

When a death is caused by a motor vehicle accident or medical malpractice, there is a potential claim for Wrongful Death.  This is part 1 of a 3 part series about Wrongful Death claims in BC.  This 1st blog post will focus on the legislation (statute) governing Wrongful Death claims.  The 2nd will focus on…

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Vancouver Medical Malpractice Lawyer – Chiropractor Negligence

As discussed in a prior blog post, informed consent is often a significant issue with a number of medical malpractice claims involving not only doctors, but also non-medical doctors such as chiropractors, physiotherapists, massage therapist and acupuncturists. Because most medical procedures involve some level of risk, all medical practitioners have an obligation to fully inform their…

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Vancouver Medical Malpractice Lawyer – Breach of Contract Claims

There is a wide array of medical services provided by doctors including specialized or elective procedures.  With any healthcare procedure, there is a degree of risk. Most cases involving medical malpractice are framed in negligence and battery.  Doctors can also be held liable for breach of contract in some exceptional circumstances. In a doctor-patient relationship,…

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Vancouver Medical Malpractice Lawyer – The Right to Refuse Treatment – Informed Refusal

In our prior blog posts we have discussed informed consent in medical malpractice claims.  As established by the Supreme Court of Canada, the key points to informed consent are: The doctor must disclose the nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient. The…

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Vancouver Medical Malpractice Lawyer – Breach of Fiduciary Duty by a Doctor

Doctors are placed in a position of trust and confidence when dealing with patients.  The relationship between doctor to patient falls into a special category of relationships which are known as fiduciary.  Doctors are considered fiduciaries and patients are considered beneficiaries.  A doctor’s obligation to act in his/her patient’s best interests is understood as the…

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