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…
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…
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…
Patients trust that physicians are following the current medical standard of care. However, when injured due to negligent treatment, the focus shifts to the patient to prove the misbehavior. What to do after a medical malpractice is dictated by standard of care that has been breached. Here are three steps to take once you suspect…
It is not an assault or battery when a certified citizen is forced into treatment against his or her will. Therefore, this patient was deemed to have consented to treatment because of his certification under the Mental Health Act. The claimant was a patient held under the Mental Health Act for 13 years. After being…
Life saving surgeons and medical practitioners assist the court with informed opinions in medical malpractice cases. However, the government has imposed limits on the number of expert and expert reports permitted. Therefore after February 1, 2020 medical malpractice cases will have new challenges. Many medical procedures are beyond the courts understanding. Educating the judge is…
What is informed consent? In negligence, informed consent is essentially a duty of disclosure. A doctor meeting the right standard can still be found negligent if they don’t properly disclose the risks of treatment to the patient. Negligence versus Battery Lack of patient consent engages both the tort of negligence and the tort of battery.…
Medical malpractice settlements are generally private and therefore not reported. The amount of the settlement will reflect the risk of going to trial. These are civil lawsuits brought by patients against negligent care providers. Settlements are paid to the patient by an insurance company. As a result, a release agreement must be signed. The settlement…
In medical malpractice cases there is no uniform standard of care governing all doctors. Standard of Care A medical doctor’s error in clinical judgment does not necessarily lead to medical malpractice. Similarly, a poor outcome from medical treatment does not always mean a doctor is legally responsible. The proper standard is related to the doctor’s…
This medical malpractice lawsuit arose from a prescribing error by a general practitioner. The doctor admitted the prescription error but denied that it caused any lasting injuries. The defendant, Dr.C. E. Fourie, admitted the claimant was entitled to damages resulting from the perforated ulcer, surgery, and hospitalization. However, no lasting injuries resulting from the defendant’s…