Author: John McKiggan

Multi-million dollar award to child who suffered birth injury: Court examines compensation for “pain and suffering”

by John McKiggan

Child Claims Millions Due to Birth Injury

An Alberta court recently decided a case involving a child who was permanently injured during her birth. The case A.T.-B. v. Mah contained an interesting analysis of a variety of legal issues that typically arise in medical malpractice claims.

I thought the case was worth writing about because of the judge’s views regarding the plaintiff’s claim for compensation for “pain and suffering.”

Is it possible to reverse infant brain injury caused by ischemia?

by John McKiggan

Recent findings out of the Oregon Health and Science University questions the existing understanding that decreased blood flow to a premature fetus’ brain necessarily kills its brain cells.

The Doctors at the University and its attached Children’s hospital have discovered that low blood flow to the developing brain does not necessarily result in permanent loss of brain cells, but rather that it prevents the cells’ abilities to mature. The implications for medical malpractice and birth injury layers is that it may be possible to reverse, or at least mitigate the damage caused by lack of oxygen.

Dr. Stephen Back, professor of pediatrics and neurology at the Oregon University is quoted as saying that the new findings mean:
“…we can focus greater attention on developing the right interventions, at the right time early in development, to promote neurons to more fully mature and reduce the often serious impact of preterm birth. We now have a much more hopeful scenario.”
Approximately 8-percent of births in Canada are pre-term births. There are a number of added risks when a child is born even a few weeks early. One of the major risks is hypoxia or ischemia.

Canadian Hospital Ratings: Halifax hospitals rank well

by John McKiggan

CBC-TV’s The Fifth Estate is spearheading an initiative to rate and rank Canadian hospitals.

As a medical malpractice lawyer I applaud any effort that makes health care in Canada more transparent. Peter Drucker is famous for saying: “What gets measured gets managed”. So I have to think that using public data to educate the public about hospital performance and asking the public for feedback about hospitals can’t help but have a positive influence in the care that patients receive.

The CBC collected data from the Canadian Institute of Health Information (CIHI) and ranked the hospitals using certain criteria.

Hospital Medication Errors in Canada: Are patients safer in Canada?

by John McKiggan

Pat Malone, in my opinion, is one of the most capable medical malpractice lawyers in the United States. That is why I frequently read his D.C. medical malpractice blog.

I am currently representing the family of a young man who died because he received the wrong medication during his treatment in hospital. So an article Pat recently wrote on Hospital Medication Errors caught my attention.

Medication errors common

Supreme Court of Canada clarifies law for malpractice victims: Ediger v Johnston

by John McKiggan

The Supreme Court of Canada released an important decision for medical malpractice plaintiffs today.

Summary

In Ediger v. Johnston, the plaintiff “C” suffered from brain damage caused during her birth. C now lives with spastic quadriplegia and cerebral palsy. She is tube-fed, confined to a wheel chair and is completely dependent on others for all of her daily needs. She has a significantly reduced life expectancy of 38 years.

Health Care Costs: Canada vs. United States

by John McKiggan

Recently my wife and I took our family to Florida for Spring break. My son Liam made friends with Richard, from Texas. Liz and I had several interesting discussions with Richards parents.

One of the topics we discussed were the differences between the Canadian and American health care systems.

I hear complaints about the wait times of sick patients. Our American friends couldn’t comprehend that patients in Canada might have to wait months, or even years for treatment.

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Why I Wouldn’t Want Dr. Oz to Operate on Me

by John McKiggan

Pat Malone is a friend of mine and an excellent malpractice lawyer in Washington D.C. He’s also a great source of information about issues pertaining to medical malpractice. That’s why I frequently read his blog and just came across once of his recent posts Should Mehmet Oz Operate on You?

Who is Dr. Oz?

You would have to be living under a rock (or not own a television) not to know that Dr. Oz is an American surgeon who was featured on the Oprah show and now has his own television series – The Dr. Oz Show. His daily program focuses on medical issues.

Dental Procedure Causes Brain Damage: The risks of “sleep dentistry”

by John McKiggan

A client of mine sent me a link to a story about a case in Manitoba. She thought I would be interested in the article because the situation was so similar to a case I was involved in a few years ago in New Brunswick.

According to the article, last month a four year old girl from Manitoba suffered a brain injury following botched dental surgery. Jairlyn Roulette was supposed to undergo a routine surgical procedure on October 11, but ended up with a permanent disability. Jairlyn needed some teeth capped, some fillings and an extraction and her dentist thought it would be best to subject her to general anesthetic.

In other words, Jairlyn was going to be unconscious throughout the dental procedure.

“My doctor says my baby has Erb’s Palsy. What does that mean?”

by John McKiggan

I was asked this question the other day by a new mom. As a medical malpractice lawyer in Halifax, I frequently get calls from parents throughout Atlantic Canada whose babies have suffered a birth injury.

Usually they want to know how the injury happened or if the injury was caused by anything the doctors or nurses did during the mom’s labour and delivery. Sometimes they just want someone to explain the medical terms the doctors have used.

Erb’s palsy and Brachial plexus injuries