John McKiggan, Author at Halifax Medical Malpractice Lawyer Blog

May 28th, 2009

How Do I Know if I Have a Medical Malpractice Claim?

When I am asked to review a possible claim for a client wondering if they have been a victim of medical malpractice, it often takes months of investigation and requires reviewing hundreds of pages of medical records and reports. In many cases I have to get a medical expert to provide a medical-legal opinion on the issue of standard of care or causation.

However, there is a way for you to figure out for yourself if you have medical malpractice claim that is worth talking to a lawyer about to see if you may have a claim.

Two Simple Questions:

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April 4th, 2009

What Does Informed Consent Have To Do With My Nova Scotia Medical Malpractice Claim?

by John McKiggan

Medical Malpractice can happen in two ways:
1. Negligence is when your doctor causes an injury because he or she failed to meet the standard expected of a reasonably competent physician;

2. Assault and Battery happens when your doctor does not have your informed consent to perform the medical procedure that caused your injury.
Consent to Medical Treatment:

Everyone has a legal right to decided what can be done with his or her own body. Lawyers refer to this right as autonomy.

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April 3rd, 2009

New Program Helps Prevent Medication/Prescription Errors

by John McKiggan

24,000 Canadians Die Each Year Due to Adverse Events

The Canadian Medical Association Journal has reported that each year more than 87,000 patients experience an adverse event and as many as 24,000 patients die each year due to adverse events (doctor’s code words for a bad result or a mistake).

Medication Errors a Huge Problem

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March 10th, 2009

Medical Malpractice and “The Oprah Effect”

by John McKiggan

Oprah Investigates Medical Malpractice

My wife loves the Oprah show. She DVR’s the program and watches it (almost) every night. Tonight she asked me to watch todays show about Medical Errors.

100,000 Americans 24,000 Canadians Die Every Year

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March 4th, 2009

Doctors Forcing Patients to Sign Gag Orders

by John McKiggan

Can you believe this?!

There are doctors who are forcing patients to sign a contract promising not to criticize the doctor, “his expertise and/or treatment.”

No signature-No medical care

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January 22nd, 2009

Simple Checklist Helps Prevent Deaths and Complications after Surgery

by John McKiggan

The New England Journal of Medicine has published a study showing that using a simple checklist helped decrease the number of surgery related deaths by more than 40%. The research showed that major complications after surgery fell by almost 1/3.

Using a Checklist

The checklist required the operating team to review a list of questions which included:
1. Were proper antibiotics given;
2. Was the correct patient on the operating table;
3. Was the correct surgical site identified;
4. Was sufficient anesthesia and blood supply available;
5. Did the patient have any allergies;
6. Counting needles/sponges to make sure nothing was left inside the patient.
Staggering Results

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December 12th, 2008

You Can File a Complaint About Your Doctor!

by John McKiggan

I get several calls a week from patients, of family members of patients, who are concerned about the care that they, or their family member, have received from their doctor or hospital.

In most cases, a careful investigation of the facts reveals that there are no grounds for a medical malpractice claim (in other words, the doctor or hospital wasn’t negligent) or that there may have been negligence in the patient’s care, but the cost of filing a lawsuit would be more than the potential recovery.

Explaining these facts to my clients is one of the more frustrating aspects of being a medical malpractice lawyer. I hate telling patients that I believe there was negligence in the care they received but that I don’t think they should pursue a compensation claim.

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December 11th, 2008

Pathologist Menon Should Have Been Fired Years Ago: N.B. Inquiry

by John McKiggan

Dr. Rajgopal Menon, a pathologist responsible for potentially hundreds of faulty cancer test results should have been fired years ago according to Justice Paul Creaghan
5000 + Test Results Wrong or Incomplete!

Justice Creaghan is heading up an inquiry formed after an independent audit found that more than 5000 of Menon’s pathology tests for breast cancer and prostate cancer were incomplete or misdiagnosed. Let me repeat that: Menon’s test results were wrong in more than FIVE THOUSAND cases. More than 25% of all the test results he performed over 12 years contained errors!

As a result, cancer patients had their diagnosis delayed or, in some cases, patients were told they had cancer when they did not.

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September 29th, 2008

How Often Does Medical Malpractice Happen in Canada?

by John McKiggan

How often does medical malpractice happen in Canada?

The short answer is that the law suits that are filed in court are just the tip of the iceberg when it comes to medical malpractice claims in Canada.

Medical malpractice claims in Canada tend to get a lot of attention in the media. Everyone is concerned about the quality of health care that they receive, and claims that raise concerns about problems with medical care naturally get reported in the newspapers or on television.

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September 5th, 2008

What Do I Have to Prove to Win My Medical Malpractice Case in Canada?

by John McKiggan

When someone dies or is seriously injured in a hospital, or after receiving medical care, it is human nature to feel that someone is responsible, that someone is to blame.

But from a legal standpoint, it may not actually be possible to prove that someone is liable (legally responsible) for the death or injury.

There are four things that you have to prove in order to win your medical malpractice case in Canada:

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Author: John McKiggan