Mistakes May Not Be Negligence
The Ontario Court of Appeal has ruled that a doctor’s “error in judgment” was not evidence of negligence.
Roger Lawrence was admitted to the Welland Hospital as a result of severe stomach pains. The physician treating him concluded that he was suffering from gallbladder colic. The following day the surgeon performed a laparoscopic cholecystectomy.
Nurse Negligent
In a decision released last week, Justice Tausendfreund has ruled that a nurse at St. Joseph’s Children’s Hospital was negligent and that the nurse’s negligence caused catastrophic brain injuries to a baby, Danny Vuong.
Danny’s mother, Ms. Giang was admitted to St. Joseph’s Hospital on June 12, 2991. Her pregnancy had been normal and uneventful.
Apologizing Reduces Mistakes
A study performed at Montreal’s Jewish General Hospital has found that apologizing for mistakes may actually help reduce the incidents of mistakes.
Full Disclosure
Nurses Duty to Ensure Appropriate Care
A recent decision from Ontario has found that nurses have a duty to ensure patients receive appropriate care from a responsible physician when faced with a medical emergency.
The court found that the duty to ensure that the patient is seen by a appropriate physician exists even when the patient has already been seen by a resident physician.
One of the reasons why medical malpractice claims are so complicated, and so expensive, is because they require the testimony of medical experts, usually several medical experts to testify about both legal issues such as:
1. The standard of care;
2. Whether there was a breach of the standard of care;
3. Whether the breach resulted in the patient’s injuries;
4. What is the nature of the plaintiff’s injuries?
My book, The Consumer’s Guide to Medical Malpractice Claims in Canada, discusses the use of medical experts in medical malpractice claims and goes into detail to explain why you cannot win a medical malpractice case without solid medical experts on your side.
Court Approves Multi-Million Dollar Settlement
The Supreme Court of Nova Scotia has approved a settlement in a medical malpractice case awarding 4.5 million dollars in compensation to a child who suffered cerebral palsy as a result of injuries suffered during his birth.
Very Complex Claim
Many people know a lawyer who handles the routine legal matters that most families have to deal with from time to time; buying and selling a house, preparing a will, dealing with speeding tickets, maybe even routine personal injury claims.
So when you or a family member has been injured by a doctor or a hospital your family lawyer is probably the first person you think of to turn to for advice.
But is your family lawyer the right person for the job? Maybe, maybe not. Medical malpractice is a very specialized area of the law.
Continuing Treatment
Continuing treatment is a term that lawyers use to describe the length of time that you have continued to receive treatment from your doctor. In many cases, after a patient receives negligent treatment that causes an injury they continue to see their doctor or be treated in the hospital for the effects of the negligence medical care. Why is this important?
Statute of Limitations
The Ontario Court of Appeal recently released its decision in Rowlands v. Wright allowing an appeal by a surgeon who had been found liable for medical malpractice at trail.
Dr. Wright performed laparoscopic gallbladder surgery on Ms. Rowlands to remove her gallbladder. Dr. Wright cut the patient’s common bile duct mistakenly believing it was the cystic duct. Ms. Rowlands brought a medical malpractice claim seeking compensation from Dr. Wright and was successful at trial.
In determining whether Dr. Wright had met the standard of care required of a reasonably competent surgeon the trial judge stated:
“…a finder of fact may use common sense in assessing the surgeon’s conduct as he followed the standard medical practice described by the experts.”
The trial judge determined that, as a matter of common sense, a doctor should make sure they are aware of what they are cutting when surgery is performed.
Highest Cancer rates in Canada
Nova Scotia has the highest cancer rates in the country. According to the Canadian Cancer Society, 40% of Canadian women and 45% of men will develop cancer during their lifetime. I have been asked to review dozens of cases where clients have suffered various forms of cancer which they believe went undiagnosed by their doctor.
What Questions Should You Ask?
