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Medical Malpractice Cases

COVID-19 Suspends ICBC Injury and Civil Limitation Periods

Personal injury cases with time limits falling after March 26, 2020 have been stalled by COVID-19. Car accidents, ICBC injury claims, slip and falls, medical malpractice and other civil claim limitations will be in large part suspended due to the pandemic. However, the Supreme Court Registry confirmed with us today that they are still accepting…

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Medical Malpractice – Proving Causation

There are a number of challenges in proving causation against a doctor. Medicine is often described as an art, not a science, because it is imprecise and unpredictable. Diagnostic procedures and tests can often be imperfect. Patients may present with confusing or inconsistent signs and symptoms. Treatments often carry risk of poor outcomes or side…

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Medical Malpractice Claim Not Too Complex for a Jury

Howe v. Hwang 2018 BCSC 90 involved a medical malpractice claim where the injured claimant alleged that not only the wrong surgery was performed on her by the defendant doctor, but that the wrong surgery was done incorrectly resulting in life threatening complications and additional surgeries to save her life. The parties agreed on quantum…

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Medical Malpractice Claim Dismissed Against Delivery Nurse and Hospital

As discussed in previous blog posts, medical malpractice claims are difficult to prove due to the complexity and the legal and evidentiary standards of proof required. To be successful in a medical malpractice claim, you must: prove that there was an error in judgment or practice on behalf of the medical practitioner or medical institution…

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Mistaken Diagnosis not Negligent

In this medical negligence case the claimant suffered a stroke from an undiagnosed condition which left her with brain damage and paralysis. She sued the pediatric neurologist that started treating her at age 13. She claimed the doctor fell below the standard expected of a reasonably competent Pediatric Neurologist. However, where a specialist physician follows…

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$5.85 Million Settlement Test Future Loss Rates

Loss of future income and cost of future care are often awarded in one lump sum in personal injury cases. A $5.85 million medical malpractice settlement¬† has tested the court rationale behind the discount rate on future losses. The Court of Appeal has reduced the award of $997,060 for investment management fees to $50,000.00. Defendant’s…

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Sued Doctors Can Disclose Medical Records

The Court of Appeal has upheld the dismissal of a bizarre medical-legal malpractice case. The appellant alleged that he was mistreated and assaulted by hospital staff. His claim included defamation, malicious prosecution, battery and physical assault, and intentional infliction of harm. (Universe v. Fraser Health Authority, 2019 BCCA 234) The lawyers representing the doctors were…

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