An error in clinical judgment requires actually exercising clinical judgment
In Ontario, in order to be successful in a medical negligence action, a plaintiff must prove a number of elements, including that the health care provider breached the standard of care of a prudent and reasonable practitioner in the circumstances, and that the breach of the standard of care …
View the post titled An error in clinical judgment requires actually exercising clinical judgmentMissed or delayed stroke diagnosis: legal options and why early treatment matters
What is a missed or delayed stroke diagnosis? A missed or delayed stroke diagnosis can have serious adverse effects, including brain damage, paralysis, permanent disabilities, and even death. Because of these serious adverse effects, it is important for stroke to be considered and ruled out …
View the post titled Missed or delayed stroke diagnosis: legal options and why early treatment mattersAre 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…
View the post titled Are feelings of frustration and anger compensable in medical malpractice?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…
View the post titled My child suffered an injury at birth, can I start a lawsuit?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…
View the post titled Neurological imaging to prove brain injury in medical negligence litigationSurgical 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…
View the post titled Surgical stapler malfunctions can result in serious injuriesAssessing 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…
View the post titled Assessing medical malpractice damages—subrogated claimsAssessing 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…
View the post titled Assessing medical malpractice damages – Family Law Act claims: OverviewAssessing 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 …
View the post titled Assessing medical malpractice damages—past and future expenses including health care costsMedical 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…
View the post titled Medical Malpractice Frequently Asked QuestionsReceive Blog Posts
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