ACOG Issues New Practice Guidelines
In the July 2009 issue of Obstetrics and Gynecology, the American College of Obstetricians and Gynecologists (ACOG) issued practice bulletin No. 106: Intrapartum Fetal Heart Rate Monitoring.
The new bulletin is the most recent statement from the College on interpretation of fetal heart rate tracings and management of labour.
Children Can Make Medical Decisions
A majority of the Supreme Court of Canada has ruled that children under the age of 16 who are capable of “mature, independent” judgment can make life or death decisions about their own medical treatment.
In A.C. v. Manitoba (Director of Child and Family Services) the court was asked to decide whether the Canadian Charter of Rights and Freedoms’ guarantee of liberty, equality and religious freedom requires medical care providers to respect the decisions of children under the age of 16 to refuse medical treatment.
Almost 100,000 Medical Mistakes Each Year in Canada
The Canadian Medical Association has determined that over 87,000 patients in Canada suffer an adverse event (medical error or mistake) each year.
The same study determined that more than 24,000 people die each year due to medical errors.
Household Chores = Valuable Services
Few of us think of the day to day household chores that we have to do around our home as being valuable. On the contrary, many of us view them as an annoyance.
But if you have suffered a serious physical injury you may not be able to perform the household chores and duties that you routinely did before the accident.
You Lose, You Pay!
In Canada, the courts have what is known as a “loser pays” rule. What that means, in most cases, is that the person that loses a lawsuit has to pay some (or all) of the legal fees and expenses of the person that wins the lawsuit.
Discourages Frivolous Lawsuits
The theory behind the “loser pays” rule is that it is supposed to discourage frivolous lawsuits. In other words, if you know you will have to pay the defendant’s legal fees if you lose, you may think twice before filing a lawsuit that doesn’t have merit.
Why Did You Write The Book?
I get asked that a lot. There’s a ton of work that goes into writing a book about medical malpractice claims. Most books about the topic are written by lawyers, for lawyers, and they are pretty dry reading.
I wanted to write a book that the average person could pick up and read and come away better educated and informed about the medical malpractice claims process and what is involved in filing a medical malpractice claim.
You may have a medical malpractice claim if you have been injured as a result of a preventable error or negligent care while receiving medical treatment.
Most Medical Injuries Preventable
A famous study by Harvard Medical School determined that over half of all injuries caused by medical mismanagement (in other words, not caused by the patient’s initial injury or disease) were preventable, and another quarter of those incidents were caused by negligence.
When someone dies unexpectedly, or suffers a serious but unexpected injury, while they are in a hospital or under the care of a doctor, it is human nature to assume that the hospital or doctor must have made a mistake. Many clients come to me and say: “How could this have happened? The doctor must have screwed up!”
We all want to believe that when something really bad happens to good people, someone will be held responsible. But that is not always the case.
Burden of Proof
Most of my medical malpractice clients have suffered catastrophic injuries that prevent them from being able to return to work or, in the case of infants and children, will prevent them from ever being able to work.
Economic Losses from Medical Malpractice
There are 2 ways to calculate economic losses suffered as a result of medical malpractice. The court will have to determine whether you have suffered an actual income loss or whether you have suffered a diminished earning capacity.
The goal of the court in any claim for compensation for personal injuries is to try and put the injured person (or their surviving family members) in the same position they would have been had the negligence (malpractice) not occurred.
Money cannot replace the loss of a loved one or truly compensate for the loss of a limb or a catastrophic injury. But the courts try to provide a fair and reasonable measure of financial compensation to innocent victims who have been injured as a result of the negligence of others.
These basic principles apply to all compensation claims, including medical malpractice claims.
