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Published on: 12 May 2023 By (She/Her)

Are feelings of frustration and anger compensable in medical malpractice?

When a patient has experienced a medication error, or other medical negligence by a health care provider, it can cause stress, anxiety, and feelings of frustration and anger. Whether those feelings, or psychological upset, will amount to a compensable mental injury in law will depend on a nu…

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Published on: 16 Dec 2022 By (She/Her)

My child suffered an injury at birth, can I start a lawsuit?

While the birth of a new child can be a joyous time, it can also be difficult, particularly if the child suffers an injury at birth during labour or delivery. In addition to adjusting to the new roles of parents and caregivers of an injured child, the question of whether the birth injury was…

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Published on: 26 Sep 2022 By (She/Her) , , (Kimberly Knight)

Neurological imaging to prove brain injury in medical negligence litigation

A brain injury is when cell death occurs in the brain, which can affect an individual’s capacity, emotional regulation, and ability to function. From a medical negligence perspective, this is often seen in cases of misdiagnosis or delay in the diagnosis of stroke and birth trauma/obstetrical…

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Published on: 11 Jul 2022 By , (She/Her)

Surgical stapler malfunctions can result in serious injuries

Surgical staplers are medical devices often used to close wounds during surgery, both internally and externally. Surgical staplers are commonly used for gastrointestinal surgeries, including bowel resections, colorectal cancer surgeries, bariatric surgeries, and other conditions. When a surg…

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Published on: 22 Apr 2022 By (She/Her)

Assessing medical malpractice damages—subrogated claims

This article on subrogated claims is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessment of dama…

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Published on: 27 May 2021 By (She/Her)

Assessing medical malpractice damages – Family Law Act claims: Overview

This article on Family Law Act (FLA) damages is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessm…

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Published on: 28 Apr 2021 By (She/Her)

Assessing medical malpractice damages—past and future expenses including health care costs

This article on past and future expenses including health care costs is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between …

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Published on: 17 Feb 2021 By (She/Her)

Medical Malpractice Frequently Asked Questions

What is medical malpractice? Medical malpractice occurs when a patient suffers injury or harm as a result of the negligence of a health care professional. Negligence occurs when a health care professional falls below the standard of care expected of a reasonable practitioner of that professi…

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Published on: 3 Dec 2020 By (She/Her)

Assessing medical malpractice damages—past and future income loss

This article on past and future income loss is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessme…

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Published on: 3 Nov 2020 By (She/Her)

Assessing medical malpractice damages—non-pecuniary general damages

This article on non-pecuniary general damages is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assess…

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