Author: John McKiggan

NL Radiologist Suspended for Second Time

by John McKiggan

X-Ray Errors

Central Newfoundland Regional Health Authority has suspended a radiologist for the second time since 2007. Dr. John Ozoh was removed from his duties after a review of 2,500 of Ozoh’s radiology reports. 20% of the reports required “edits” and 120 of the errors were:
“…potentially clinically significant,”
according to the Health Authority.

Does “Clinically Significant” Mean Dangerous?

Medical Malpractice Claims can Help Lead to Better Medical care

by John McKiggan

There’s an interesting article in today’s issue of the Wall Street Journal about how medical malpractice lawsuits help provide better medical care.

According to the article:

“Medical professionals are finding lessons in these and other past malpractice cases. By analyzing the breakdowns in care that led to missed, delayed or incorrect diagnoses, insurers and health-care providers are developing programs to avert mistakes. . . . Diagnostic errors are the leading cause of malpractice suits, accounting for as many as 40% of cases and costing insurers an average of $300,000 per case to settle, studies of resolved claims show. Peter Pronovost, a patient-safety researcher at Johns Hopkins University, estimates that diagnostic errors kill 40,000 to 80,000 hospitalized patients annually, based on autopsy studies over the past four decades.”

Doctors Closer to Detecting Pre-Eclampsia Earlier

by John McKiggan

I am currently investigating a medical malpractice claim where my client suffered catastrophic injuries after developing pre-eclampsia so this story caught my eye.

CTV News has reported that an international team of doctors claim to have discovered 14 telltale metabolites that appear in the blood in early pregnancy that signal an increased risk for pre-eclampsia.

The researchers hope the discovery could one day mean a simple, cheap blood test for the life-threatening condition.

Medical Malpractice Claim Filed After Hospital Waiting Room Death

by John McKiggan

Man Dies In Hospital Waiting Room
The family of an aboriginal man found dead after spending 34 hours in an emergency department says it will sue a Winnipeg hospital, medical staff, the regional health authority and the Manitoba government.

Brian Sinclair, a 45-year-old double amputee with a speech problem, was found dead in his wheelchair in the Winnipeg Health Sciences Centre’s E. R. after spending 34 hours in the hospital’s waiting room.

Death Could Have Been Prevented

Standard of Care in Medical Malpractice Claims: Supreme Court of Canada Releases Decision

by John McKiggan

Today the Supreme Court of Canada issued a decision refusing to grant leave (permission) to hear the appeal of a case from Alberta dealing with the issue of standard of care in medical malpractice compensation claims.

The Court of Appeal decision in Nattrass v. Webber reminds us that the practice of medicine is constantly evolving and this may affect the issue of the standard of care.

Four Things You Need to Prove

Doctor Sues to Silence Patient

by John McKiggan

I read blog post today by my colleague Catherine Bertram, a medical malpractice lawyer in Washington D.C. that I thought was interesting.

Dr. Sues Her Patient

She has posted about a California physician, Dr. Kimberley Henry, who has sued one of her own patients who posted a negative review about Dr. Henry online. I wonder if Dr. Henry is opposed to online rating websites generally or just the ones that say bad things about her? Keep in mind that Dr. Henry has signed up for some of these webites and posted her profile.

Beware the July Effect:Hospital Deaths Spike in Summertime

by John McKiggan

Summertime is Dangerous in Hospitals

Past studies have shown that teaching hospitals experience higher rates of medical errors. It is referred to as the “July phenomenon” in the U.S. or even more morbidly the “August killing season” in the U.K. The problem has been confirmed to exist in Hospitals in Australia as well.

More Medical Students = More Deaths?

Medical Malpractice Claims: Is Expert Evidence Always Necessary?

by John McKiggan

Medical Experts Required

Expert evidence is always required in medical malpractice claims to establish the standard of care and whether there was a breach of the standard of care, or at least that has assumed to be the case by medical malpractice lawyers.

In fact, I recently posted about a claim here in Nova Scotia that was dismissed because the plaintiff failed to present appropriate expert evidence.