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…
View the post titled Are feelings of frustration and anger compensable in medical malpractice?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, …
View the post titled Considerations when choosing a medical malpractice lawyerMy 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?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…
View the post titled Can a delay in breast cancer diagnosis be a result of medical malpractice?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—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. …
View the post titled Assessing medical malpractice damages—Family Law Act damages—services rendered, expenses incurred, and other pecuniary lossesAssessing 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—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…
View the post titled Assessing medical malpractice damages—punitive and aggravated damagesOntario 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…
View the post titled Ontario Court releases merits decision in medical malpractice class actionReceive Blog Posts
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