Author: John McKiggan

Canada’s “Loser Pays” Rule Not Fair to Medical Malpractice Victims

by John McKiggan

You Lose, You Pay!

In Canada, the courts have what is known as a “loser pays” rule. What that means, in most cases, is that the person that loses a lawsuit has to pay some (or all) of the legal fees and expenses of the person that wins the lawsuit.

Discourages Frivolous Lawsuits

The theory behind the “loser pays” rule is that it is supposed to discourage frivolous lawsuits. In other words, if you know you will have to pay the defendant’s legal fees if you lose, you may think twice before filing a lawsuit that doesn’t have merit.

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Posted in: Medical Malpractice, Uncategorized

The Consumer’s Guide to Medical Malpractice Claims in Canada

by John McKiggan

Why Did You Write The Book?

I get asked that a lot. There’s a ton of work that goes into writing a book about medical malpractice claims. Most books about the topic are written by lawyers, for lawyers, and they are pretty dry reading.

I wanted to write a book that the average person could pick up and read and come away better educated and informed about the medical malpractice claims process and what is involved in filing a medical malpractice claim.

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Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Cancer, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Hospital Negligence, Infections, Informed Consent, Medical Malpractice, Medication Errors, Misdiagnosis, Nursing Errors, Prescription Errors, Surgical Errors, Uncategorized

Medical Malpractice in Canada: How often does it happen?

by John McKiggan

You may have a medical malpractice claim if you have been injured as a result of a preventable error or negligent care while receiving medical treatment.

Most Medical Injuries Preventable

A famous study by Harvard Medical School determined that over half of all injuries caused by medical mismanagement (in other words, not caused by the patient’s initial injury or disease) were preventable, and another quarter of those incidents were caused by negligence.

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Posted in: Medical Malpractice, Uncategorized

Medical Malpractice Claims: The Burden of Proof and O.J. Simpson

by John McKiggan

When someone dies unexpectedly, or suffers a serious but unexpected injury, while they are in a hospital or under the care of a doctor, it is human nature to assume that the hospital or doctor must have made a mistake. Many clients come to me and say: “How could this have happened? The doctor must have screwed up!”

We all want to believe that when something really bad happens to good people, someone will be held responsible. But that is not always the case.

Burden of Proof

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Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Cancer, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Hospital Negligence, Informed Consent, Medical Malpractice, Medication Errors, Misdiagnosis, Nursing Errors, Prescription Errors, Surgical Errors, Uncategorized

Income Loss in Medical Malpractice Claims

by John McKiggan

Most of my medical malpractice clients have suffered catastrophic injuries that prevent them from being able to return to work or, in the case of infants and children, will prevent them from ever being able to work.

Economic Losses from Medical Malpractice

There are 2 ways to calculate economic losses suffered as a result of medical malpractice. The court will have to determine whether you have suffered an actual income loss or whether you have suffered a diminished earning capacity.

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Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Cancer, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Hospital Negligence, Infections, Informed Consent, Medical Malpractice, Medication Errors, Misdiagnosis, Nursing Errors, Prescription Errors, Surgical Errors, Uncategorized

Medical Malpractice Claims: What can I get compensated for?

by John McKiggan

The goal of the court in any claim for compensation for personal injuries is to try and put the injured person (or their surviving family members) in the same position they would have been had the negligence (malpractice) not occurred.

Money cannot replace the loss of a loved one or truly compensate for the loss of a limb or a catastrophic injury. But the courts try to provide a fair and reasonable measure of financial compensation to innocent victims who have been injured as a result of the negligence of others.

These basic principles apply to all compensation claims, including medical malpractice claims.

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Posted in: Medical Malpractice, Uncategorized

The Consumer’s Guide to Medical Malpractice Claims in Canada

by John McKiggan

The latest edition of my book, The Consumer’s Guide to Medical Malpractice Claims in Canada: Why 98% of Canadian Medical Malpractice Victims Never Get a Penny in Compensation, is now on its way back from the printers.

You can get a copy of the book by contacting me through this blog. However, I am going to be posting excerpts from the book over the next few weeks to give you a taste of the information contained in the book.

Lynn Butler sent me a very kind note after reading a copy of the book. Here is what she had to say:
“I found The Consumer’s Guide to Medical Malpractice Claims most helpful. I would definitely recommend the guide to anyone seeking information: it was very informative, factual and easy to read. I would certainly recommend the guide to anyone wondering if they have grounds for a medical malpractice lawsuit.”
Jeff Baggaley contacted me about a pediatric medical malpractice claim. After reading the book he sent me a note to say:
“I have read your book on pursuing a malpractice claim in Canada. Let me say at the outset that your book is an invaluable and excellently written introduction to essential information which the possible claimant needs to know.

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Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Cancer, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Hospital Negligence, Infections, Informed Consent, Medical Malpractice, Medication Errors, Misdiagnosis, Nursing Errors, Prescription Errors, Surgical Errors, Uncategorized

Hospital Acquired Infections: Is it Medical Malpractice?

by John McKiggan

Hospital Infections Widespread Problem

Infections acquired while getting healthcare for an unrelated condition is becoming a common, and dangerous, problem in hospitals across North America.

MRSA (Methicillin-Resistant Staphylococcus Aureus) has been in the news a lot. MRSA is a potential deadly infection caused by bacteria that has become resistant to most antibiotics. For example take a look at this news story.  

 

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Posted in: Misdiagnosis, Surgical Errors, Uncategorized

Misdiagnosis or Failure to Diagnose in Medical Malpractice Claims

by John McKiggan

“What’s the difference between Misdiagnosis and Failure to Diagnose?”

The majority of medical malpractice claims that I am asked to review involve either a misdiagnosis of a medical condition (recognizing the symptoms but getting the diagnosis wrong) or the failure to diagnose a medical condition (not recognizing that there is a medical problem that requires treatment).

Making a mistake may not be malpractice

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Posted in: Disclosure of Errors, Emergency Room Errors, Medical Malpractice, Prescription Errors, Uncategorized