Thank you! Thank you!
We are incredibly proud to announce that Mckiggan Hebert has been included in Canadian Lawyer magazine’s list of Top 10 Personal Injury Boutique law firms in Canada.
In fact, we are the only law firm east of Ontario to be included in this list.
Last week the Moncton Hospital confirmed that an unidentified nurse had been fired after they confirmed that two mothers were given the drug oxytocin without their consent, resulting in emergency cesarean sections.
What is Oxytocin and why is it dangerous?
Oxytocin is a drug used in labour and delivery that causes the uterus to contract and speeds up labour. However, the drug can be dangerous for babies because it can cut off oxygen to the fetus and affect fetal heart rate. W
Every now and then we like to share stories about how some of our clients (and their families) have overcome the challenges posed by their injuries.
Cullen in his Challengers Uniform
Cullan Chisholm is 5 years old. He has cerebral palsy as a result of a brain injury he suffered during birth. Because of his injuries, Cullan has limited mobility and he can’t talk.
Common problem may not have a common cause
Neck and back pain is one of the most common reasons that Canadians attend for medical treatment. Some studies have shown as far back as 1998 that more than 66% of the adult population were experiencingneck and back pain and more than 80% of adults had experienced back pain during their lifetime.
Pain usually resolves
Proper medical treatment requires proper diagnosis
It goes without saying that getting the right diagnosis is the first step in receiving proper medical care. Obviously if a patient isn’t properly diagnosed then the treatment they receive isn’t likely to address their illness or condition (except perhaps by chance).
So medical misdiagnosis is a serious threat to patient safety. In fact medical misdiagnosis is the number one cause of medical malpractice lawsuits in Canada.
The Ontario Court of Appeal has released an interesting decision in the case of Cathy Frank v. Legate et al. Victims of medical malpractice in Canada face a number of barriers in getting access to justice. The claims process can be complicated, time consuming and expense. The odds are stacked against plaintiff’s in medical malpractice claims for a variety of reasons. However, as this case illustrates, a doctor in Ontario tried a novel tactic in attempting to limit medical malpractice claims her.
Dr. Cathy Frank is an obstetrician in Ontario who is the defendant in a number of medical malpractice claims. The doctor adopted the unusual strategy of suing the lawyers who represented the plaintiffs who were suing Dr. Frank. The defendant doctor alleged that statements made by the plaintiff’s law firm in their statement of claim and on their website were defamatory.
Dr. Frank also claimed that she was the victim of malicious prosecution, that the plaintiffs’ lawyers were guilty of champerty and maintenance (a very old legal principle that prohibits plaintiffs from starting litigation with an improper motive), intentional interference with economic relations and intentional infliction of mental distress. Dr. Frank sought punitive damages from the plaintiffs’ lawyers.
Did you know that there are certain times when it is more dangerous to go to the hospital?
What’s the most dangerous time to go to the hospital?
As Canadians we are proud of our health care system. We expect hospitals, doctors and nurses to provide us with excellent care no matter when we are forced to go to the hospital. That’s not an unreasonable expectation.
Before your doctor performs any medical procedure on you he or she is supposed to get your permission. The process the doctor is supposed to go through is called informed consent.
Informed Consent: What does it mean?
What is the CMPA?
The Canadian Medical Protective Association represents almost every doctor in Canada. The Association is a mutual defence fund that operates sort of like insurance. If a doctor is sued for malpractice, the CMPA will defend the claim and if the doctor is found liable for the plaintiff’s injuries, the CMPA will pay the compensation out of its $3 billion dollar reserve fund.
The CMPA also represents doctors in matters dealing with College of Surgeon and Physician complaints, disciplinary matters, criminal charges, and matters dealing with hospital privilege issues.
Are staffing demands putting patient safety at risk?
Last week the media reported two stories of interest to patient safety advocates.
The Province of Nova Scotia released statistics from its medical errors registry suggesting that, in the last six months, medical errors had caused almost thirty cases of serious injury or death in hospitals throughout Nova Scotia. If you are interested, you can read my article about the problems with Nova Scotia’s medical errors registry.
