Is expert evidence essential to a successful Medical Malpractice claim?

As discussed in prior blog posts, medical malpractice claims are notoriously complex and expensive to pursue.  The main reason for this is due to the expert evidence required to prove liability and quantum .  For liability, expert evidence is needed to prove that the doctor owed the patient a duty of care, that the doctor’s…

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Do you need a Medical Malpractice Lawyer?

We have written numerous blog articles on Medical Malpractice.  Medical malpractice refers to injuries suffered as a result of the negligence of a health care provider where treatment fell below the medical standard of care.  Health care providers not only include doctors, but also other types of medical practitioners including dentists, nurses, chiropractors and therapists…

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Vancouver Medical Malpractice Lawyer – Claim Against Doctor Dismissed for Failure to Prove Informed Consent

As discussed in other blog posts, a patient must be fully informed by his/her doctor of the following before undergoing a medical procedure: The nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient; The frequency or statistical chance of a material or special risk…

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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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