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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: 27 Jan 2023 By

Considerations when choosing a medical malpractice lawyer

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 profession in similar circumstances, …

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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: 21 Oct 2022 By

Can a delay in breast cancer diagnosis be a result of medical malpractice?

For many patients with breast cancer an early diagnosis with early treatment can result in an excellent prognosis (there is a 90% to 99% five-year survival rate1 for patients with a stage I or II breast cancer diagnosis). However, a delay in diagnosis can result in a later-stage diagnosis an…

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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: 18 May 2022 By

Assessing medical malpractice damages—Family Law Act damages—services rendered, expenses incurred, and other pecuniary losses

This article on damages for Family Law Act (FLA) claimants 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 between individuals. …

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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: 30 Nov 2021 By

Assessing medical malpractice damages—punitive and aggravated damages

This article on punitive and aggravated 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 asse…

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Published on: 15 Oct 2021 By

Ontario Court releases merits decision in medical malpractice class action

After years of litigation, a medical malpractice class action has been decided on its merits. On September 15, 2021, the Ontario Superior Court released its common issues trial decision in Levac v. James, 2021 ONSC 5971. The class action resulted in the plaintiff achieving complete success a…

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