In prior blog posts on medical malpractice causation, we discussed the significant challenges in succeeding in a medical malpractice claim against a doctor. What is commonly at issue in many medical malpractice claims is causation. Causation is an essential element in not only medical malpractice claims, but also in all personal injury claims. The standard…
As discussed in other blog posts, a patient must be fully informed by his/her doctor of the following before undergoing a medical procedure: The nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient; The frequency or statistical chance of a material or special risk…
As discussed in prior blog posts, medical malpractice claims are notoriously complex and expensive to pursue. The main reason for this is due to the expert evidence required to prove liability and quantum . For liability, expert evidence is needed to prove that the doctor owed the patient a duty of care, that the doctor’s…
We have written numerous blog articles on Medical Malpractice. Medical malpractice refers to injuries suffered as a result of the negligence of a health care provider where treatment fell below the medical standard of care. Health care providers not only include doctors, but also other types of medical practitioners including dentists, nurses, chiropractors and therapists…
As discussed in other blog posts, a patient must be fully informed by his/her doctor of the following before undergoing a medical procedure: The nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient; The frequency or statistical chance of a material or special risk…
As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. All risks such as potential side-effects and complications must be disclosed to patients by the medical practitioner before the procedure takes place. This information allows patients to make an informed decision about whether or not…
As discussed in previous blog articles, the paramount issue in all medical malpractice cases is causation. The injured claimant must prove not only that the doctor failed to meet the standard of care expected of him/her, but also that this negligence caused the injury. The standard of proof is the “balance of probabilities” in which…
If a doctor fails to provide necessary medical treatment this is known as a failure to act or a negligent omission. An example is failure to diagnose a medical condition. Another example is failure to provide medical treatment. As discussed in previous blog articles, medical malpractice causation is an important issue in all claims. Causation…
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,…