Category: Medical Malpractice

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

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Posted in: Medical Malpractice, Medication Errors, Misdiagnosis, Prescription Errors, Standard of Care, Surgical Errors, Uncategorized

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.

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Posted in: Medical Malpractice, Misdiagnosis, Uncategorized

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?

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Posted in: Drug Injuries, Emergency Room Errors, Hospital Negligence, Medical Malpractice, Medication Errors, Prescription Errors, Uncategorized

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.

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Posted in: Hospital Negligence, Medical Malpractice, Misdiagnosis, Uncategorized

Woman with Terminal Cancer Sues Doctor for Negligence

by John McKiggan

Sylvie Deslongchamps has terminal cervical cancer. She is suing her family doctor for medical malpractice for failing to make a phone call that she says could have saved her life.

Patient Did What She Was Supposed to Do

In 2007 Ms. Delongchamps did what ever careful woman is supposed to do. She went for a checkup and pap-smear with her gynecologist. She says she told her doctor about her family history of cervical cancer. She never heard back from the doctor so she assumed that her test results were fine.

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Posted in: Cancer, Medical Malpractice, Medication Errors, Uncategorized

Distractions & Interruptions Lead to Nursing Errors

by John McKiggan

Distractions Cause Nursing Errors
Nurses who are distracted or interrupted during their medical preparation experience higher levels of medical errors.

I have posted before about how overworking causes errors that lead to medical malpractice.

Overworked Nurses Causing Medication Errors

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Posted in: Hospital Negligence, Medical Malpractice, Medication Errors, Nursing Errors, Prescription Errors, Uncategorized

Patient’s Medical Malpractice Claim against Nurse and Hospital Fails

by John McKiggan

A recent decision from Justice Lococo from the Ontario Superior Court of Justice confirms the difficult odds that injured patients face when pursuing a medical malpractice claim.

Patient Suffered Stroke

In Hasselsjo v. St. Joseph’s Hospital et al, Songja Hasselsjo suffered a stroke. She sued St. Joseph’s Hospital and the nurse that treated her in the emergency department.

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Posted in: Brain Injuries, Medical Malpractice, Nursing Errors, Uncategorized

Nova Scotia Court of Appeal Denies Injured Patient’s Right to Jury Trial

by John McKiggan

Our Court of Appeal recently released a decision upholding the decision of Justice David MacAdam denying a patient who claimed she was the victim of medical malpractice the right to trial by jury.

In Anderson v. QEII Health Sciences Centre, the plaintiff suffered a brain injury which she claimed was due to negligent medical care.

Patient Wanted Jury

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Posted in: Brain Injuries, Medical Malpractice, Uncategorized