Author: John McKiggan

Informed Consent: When does my doctor NOT need my permission to treat me?

by John McKiggan

What is “Informed Consent”?

In the medical context, informed consent is the principle that a patient can give proper permission (‘consent”) to treatment only after being informed of the risks and implications of the treatment.

The law recognizes that you can only give true consent to receive medical treatment if you are provided with all the information necessary to make a decision about the proposed treatment. It is not enough for your doctor to simply ask if he or she has permission to perform a medical procedure.

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Posted in: Informed Consent, Uncategorized

Doctor negligent but patient loses med mal claim: Fowlow v. Gupta

by John McKiggan

As a medical malpractice lawyer I am often faced with explaining the difference between proof of negligence and proof of harm. Clients find it difficult to understand how a doctor may be found to be negligent; but still not be responsible for the patients injury or death.

Fowlow v. Gupta

A perfect example is the case of Fowlow v. Gupta which was recently decided by the Ontario Supreme Court.

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Posted in: Causation, Informed Consent, Medical Malpractice, Standard of Care, Surgical Errors, Uncategorized

Does the Workers’ Compensation Act Immunize Hospitals Against Medical Malpractice Claims?

by John McKiggan

As a Halifax medical malpractice lawyer I frequently get calls from other lawyers who don’t practice this area of law, wondering if their client has a potential medical malpractice claim.

This week I got a call from a colleague of mine, and since his question is one I have been asked many times over the years, I thought it would be helpful to post some information here in case it is helpful to anyone else in the same circumstances.

Work Injury Leads to Negligence in Medical Treatment

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Posted in: Hospital Negligence, Medical Malpractice, Patient Safety, Uncategorized

Hospital Acquired Infections – Can Technology Help?

by John McKiggan

Each year, as many as 250,000 Canadians suffer from hospital acquired infections, resulting in up to 12,000 annual deaths. It is estimated that over 30% of hospital acquired infections are preventable. Proper hand hygiene is the single most important way to prevent the spread of infections.

But how do you ensure that your doctor or nurse has washed their hands before they attend to you? See for example my article: Did You Wash Your Hands!? A Lesson in Tact

I have written before about the dangers of hospital acquired infections: Nova Scotia Medical Errors: C- difficile Infections kill 4 in Cape Breton Hospitals

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Posted in: Infections, Medical Malpractice, Patient Safety, Uncategorized

Time Limits in Medical Malpractice Claim: When Does Discoverability Rule Apply?

by John McKiggan

“How Long Do I Have to File a Medical Malpractice Claim?”

As a medical malpractice lawyer in Nova Scotia, I get asked that question a lot. But the answer is rarely simple or straightforward.

Every province in Canada has a Statute of Limitations, a law that places a time-limit on how long a plaintiff can wait before filing a lawsuit in court. For example, in Nova Scotia, the time-limit for filing a medical malpractice claim is 2 years from the date of the alleged negligence or injury.

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Posted in: Cancer, Misdiagnosis, Statute of Limitations, Uncategorized

Supreme Court Clarifies Law of Causation – Clements v Clements

by John McKiggan

Last week, the Supreme Court of Canada released its decision in Clements v Clements. The decision offers some useful clarification regarding the law of causation.

The Facts

In the Clements case the Defendant, Mr. Clements, was driving his motorcycle with his wife, the Plaintiff, riding behind him as a passenger. The bike was overloaded by almost a hundred pounds, and there was a nail that punctured the rear tire of the motorcycle.

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Posted in: Causation, Uncategorized

Costs in Medical Malpractice Claims Can be a Barrier to Justice

by John McKiggan

I have discussed before the significant costs involved in pursuing medical malpractice claims in Nova Scotia. The complexity of medical malpractice claims means legal fees and expenses to hire medical experts can potentially bankrupt an unsuccessful plaintiff.

Case in point is a recent decision from Ontario Manary v. Halmo et al.

After a 19 day trial the defendant, Dr. Steven Halmo was found liable to the plaintiff and ordered to pay damages in the amount of $430,000.00.

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Posted in: Medical Malpractice, Uncategorized

Media and the Law

by John McKiggan

Last night I was invited to be a guest speaker University of King’s College Media and the Law course.

As a personal injury lawyer in Halifax, my practice involves representing victims of childhood sexual abuse, medical malpractice claims and catastrophic injury claims, but I have also had the good fortune of assisting clients in some groundbreaking claims. There was a good discussion about why these types of claims are of interest to the public.

My presentation involved a review of the ethical rules that govern when lawyers can (or should) talk to the media, tips for budding journalists on how to develop better relationships with lawyers, and finally a review of some of the cases I have been involved in that have been in the news.

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Posted in: Uncategorized

Exceptions to Implied Undertaking Rule and Confidentiality of Discovery Transcripts: Meuwissen v. Perkin

by John McKiggan

This month the Superior Court of Justice in Ontario released an interesting decision in a medical malpractice case Meuwissen v. Perkin. As a Nova Scotia medical malpractice lawyer, I found the case interesting because it deals with some unique issues of production that I have not run into in a medical malpractice claim in Nova Scotia or New Brunswick where I do most of my cases.

Implied Undertaking Rule

In Canada, we have what is known as the “implied undertaking rule”. What that means is there is an implied promise that information collected in the course of a lawsuit will not be disclosed to anyone who is not a party to the litigation.

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Posted in: Disclosure of Errors, Medical Malpractice, Uncategorized