We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed by Canadian Lawyer Magazine about an ICBC case involving an injured claimant who suffered severe PTSD. Ms. Small originally wrote a blog article on this ICBC PTSD claim which proceeded to trial. In that ICBC case, the injured claimant was…
When a death is caused by a motor vehicle accident or medical malpractice, there is a potential claim for Wrongful Death. This is part 1 of a 3 part series about Wrongful Death claims in BC. This 1st blog post will focus on the legislation (statute) governing Wrongful Death claims. The 2nd will focus on…
As discussed in a prior blog post, informed consent is often a significant issue with a number of medical malpractice claims involving not only doctors, but also non-medical doctors such as chiropractors, physiotherapists, massage therapist and acupuncturists. Because most medical procedures involve some level of risk, all medical practitioners have an obligation to fully inform their…
There is a wide array of medical services provided by doctors including specialized or elective procedures. With any healthcare procedure, there is a degree of risk. Most cases involving medical malpractice are framed in negligence and battery. Doctors can also be held liable for breach of contract in some exceptional circumstances. In a doctor-patient relationship,…
In our prior blog posts we have discussed informed consent in medical malpractice claims. As established by the Supreme Court of Canada, the key points to informed consent are: The doctor must disclose the nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient. The…
Doctors are placed in a position of trust and confidence when dealing with patients. The relationship between doctor to patient falls into a special category of relationships which are known as fiduciary. Doctors are considered fiduciaries and patients are considered beneficiaries. A doctor’s obligation to act in his/her patient’s best interests is understood as the…
In all medical malpractice claims, the injured claimant has the burden of proving that the doctor was negligent. This involves proving on the balance of probabilities that that the doctor owed a duty of care to his/her patient, that the doctor failed to meet the standard of care expected of him/her and that this negligence…
As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not…
To succeed in a medical malpractice claim in proving that a doctor is negligent and liable, the patient must establish: The doctor owed a duty of care to the patient The doctor breached the standard of care The patient suffered an injury or loss The doctor’s conduct was the cause of the patient’s injury or…
As discussed in previous articles, medical malpractice claims are legally complex and inherently risky due to the expert evidence required to prove negligence against doctor. The first essential component to a successful medical malpractice claim is proving that the doctor owed a duty to care to his or her patient. Once it has been proven…