John McKiggan, Author at Halifax Medical Malpractice Lawyer Blog

January 20th, 2012

Most Hospital Mistakes Never Reported

Medical malpractice lawyers know most potential victims of medical malpractice never file a claim. Recently a report by ABC News has confirmed that in the United States more than 80% of hospital errors are not reported by hospital employees.

Hospitals Don’t Learn From Mistakes?

The report analyzed data from hospitalized Medicare patients. Investigators determined even when mistakes were reported hospitals rarely changed their policies or practices to prevent repeated errors. Hospitals usually claimed that errors were not due to “systemic quality problems”.

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January 3rd, 2012

Facebook Fishing a No-No: Dosanjh v. LeBlanc and St. Paul’s Hospital

by John McKiggan

Use of Facebook in Litigation Increasing

I’ve posted before about how defence counsel in personal injury claims have routinely requesting disclosure of plaintiff’s Facebook pages, Twitter accounts, and otheon linene social media platforms. See for example:

Court Orders Lawyer to Mislead Client to get Access to Facebook – Sparks v. Dubé

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November 25th, 2011

Brain Injury Claims and “The Sidney Crosby Effect”

by John McKiggan

This week Sidney Crosby returned to the ice after a ten month hiatus while he underwent rehabilitation for a severe concussion.

Crosby’s performance suggests that the rest and rehabilitation has served him well. He appears to be back in top form, one of the best in the NHL.

Sidney’s Injury Was a Good Thing

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November 11th, 2011

In Remembrance

by John McKiggan

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November 10th, 2011

Loss of Chance or Negligence? Bennett v. Landecker

by John McKiggan

In any medical malpractice case the plaintiff bears the burden of proving that the defendant caused the patient’s injury, disability or death.

In many cases the initial cause of the plaintiff’s injury was not brought about by the defendant doctor. Rather, the plaintiff presented with an illness or medical condition which is misdiagnosed and, as a result, the patient doesn’t get treatment that might have cured the illness or condition (or prevented further deterioration).

Loss of Chance

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August 29th, 2011

Informed Consent: Lies, Damned Lies and Statistics in Cancer Claims – Gilberds v. Sobey

by John McKiggan

I read an interesting decision out of Alberta recently, Gilberds v. Sobey that deals with informed consent to medical treatment and whether statistical information should be given to patients to help them determine if they will undergo treatment.

The case is interesting (at least to those of us doing medical malpractice litigation) because it also touches on the issues of what medical malpractice claimants need to prove to win their claims and the standard of care in medical malpractice claims.

Justice Ross pointed out the importance of statistical evidence at paragraph 81 of her decision:
I agree with Ferrier J. that effective communication of treatment risks requires some information on the probability of a particular result: Matuzich v. Lieberman. The degree of probability of a risk is obviously relevant to reasonable patients considering whether they want to undergo treatment; indeed the degree of probability is one of the factors that qualifies a risk as material.
I go into more detail about the facts of the decision and it’s importance to medical malpractice claims on my Atlantic Canada Personal Injury Lawyer Blog.

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August 26th, 2011

Effective Management of Test Results Improves Patient’s Safety

by John McKiggan

A major study conducted by the Canadian Medical Protective Association (CMPA) has identified ten key areas that can help improve patient safety.

Diagnostic testing is a critical part of modern medical care. Conducting appropriate tests in a timely fashion and reporting results of testing is key to ensuring appropriate diagnosis and treatment.

Miscommunication a Risk to Patients

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August 25th, 2011

Standard of Care for Nursing Students in Nova Scotia medical malpractice claims – McIntosh v. Isaac Walton Killam-Grace Health Centre

by John McKiggan

Justice Muise of the Supreme Court of Nova Scotia recently released his reasons in McIntosh v. Isaac Walton Killam – Grace Health Centre.

The Facts

Ms. McIntoshs’ baby was delivered at the IWK by C-section after a period of pushing in an attempt to deliver vaginally. Ten days after the delivery she became aware of pain in her left hip. She had not had any prior problems with her hip before her delivery.

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August 10th, 2011

Farmer Receives 1.5 Million Dollars for Emergency Room Negligence – Forsberg v. Naidoo

by John McKiggan

Misdiagnosis Leads to Amputation

A recent ruling from the Court of Queen’s Bench in Alberta confirms that prompt diagnosis can mean the difference between life and death (or in this case, life and limb).

Alberta farmer Wayne Forsberg has been awarded 1.5 million dollars in compensation as a result of medical negligence on the part of emergency room physician Dr. Dadi Naidoo.

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June 10th, 2011

Court of Appeal Overturns Award to Brain Injured Baby – Ediger v. Johnston

by John McKiggan

The British Columbia Court of Appeal released its reasons last week in the case of Ediger v. Johnston.

The Facts

Cassidy Ediger suffered an acute and severe hypoxia-ischemic encephalopathy (HIE) about 20 minutes before her birth. Her injury was caused by a compression of her umbilical cord which cut off oxygen from the placenta to her brain. The asphyxia caused a deceleration in her fetal heart rate which lasted until Cassidy was delivered by emergency caesarean section.

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Author: John McKiggan