Uncategorized Archives - Page 13 of 16 - Halifax Medical Malpractice Lawyer Blog

December 12th, 2008

You Can File a Complaint About Your Doctor!

I get several calls a week from patients, of family members of patients, who are concerned about the care that they, or their family member, have received from their doctor or hospital.

In most cases, a careful investigation of the facts reveals that there are no grounds for a medical malpractice claim (in other words, the doctor or hospital wasn’t negligent) or that there may have been negligence in the patient’s care, but the cost of filing a lawsuit would be more than the potential recovery.

Explaining these facts to my clients is one of the more frustrating aspects of being a medical malpractice lawyer. I hate telling patients that I believe there was negligence in the care they received but that I don’t think they should pursue a compensation claim.

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December 11th, 2008

Pathologist Menon Should Have Been Fired Years Ago: N.B. Inquiry

by John McKiggan

Dr. Rajgopal Menon, a pathologist responsible for potentially hundreds of faulty cancer test results should have been fired years ago according to Justice Paul Creaghan
5000 + Test Results Wrong or Incomplete!

Justice Creaghan is heading up an inquiry formed after an independent audit found that more than 5000 of Menon’s pathology tests for breast cancer and prostate cancer were incomplete or misdiagnosed. Let me repeat that: Menon’s test results were wrong in more than FIVE THOUSAND cases. More than 25% of all the test results he performed over 12 years contained errors!

As a result, cancer patients had their diagnosis delayed or, in some cases, patients were told they had cancer when they did not.

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September 29th, 2008

How Often Does Medical Malpractice Happen in Canada?

by John McKiggan

How often does medical malpractice happen in Canada?

The short answer is that the law suits that are filed in court are just the tip of the iceberg when it comes to medical malpractice claims in Canada.

Medical malpractice claims in Canada tend to get a lot of attention in the media. Everyone is concerned about the quality of health care that they receive, and claims that raise concerns about problems with medical care naturally get reported in the newspapers or on television.

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September 5th, 2008

What Do I Have to Prove to Win My Medical Malpractice Case in Canada?

by John McKiggan

When someone dies or is seriously injured in a hospital, or after receiving medical care, it is human nature to feel that someone is responsible, that someone is to blame.

But from a legal standpoint, it may not actually be possible to prove that someone is liable (legally responsible) for the death or injury.

There are four things that you have to prove in order to win your medical malpractice case in Canada:

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July 29th, 2008

“Incompetent” Doctor Ordered to Undergo Retraining Appeals: Cape Breton

by John McKiggan

Cape Breton Doctor Incompetent

The College of Physicians and Surgeons of Nova Scotia found Dr. Stani Osif guilty of professional misconduct and professional incompetence under the Nova Scotia Medical Act. I posted about the charges a couple of months ago: Cape Breton Doctor so “Incompetent” no Training Program can Help: College of Physicians.

Osif Ordered to Retrain

I see that the College has ordered Dr. Osif to undergo retraining and pass the Canadian College of Family Physicians certification test. According to a report by the CBC, if Osif doesn’t complete the retraining, and pay the College $200,000.00 in legal fees, her license to practice medicine in Nova Scotia will be revoked. You can read the entire College decision here.

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July 11th, 2008

Altered Medical Files: “I think my records have been tampered with!”

by John McKiggan

Altering medical records does not happen as often as it appears to happen on television or in the movies. However, it happens enough that experienced medical malpractice lawyers develop a sense of when further investigation into the legitimacy of a medical record or chart is warranted.

One of my favourite movies of all times is The Verdict with Paul Newman. I love the scene where he finally realizes that he can prove that the defendant doctor altered the medical files of the woman who was left in a coma because of the doctor’s negligence.

Lessons Learned From Past Cases:

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June 4th, 2008

No “Wrongful Life” in Canada: Supreme Court

by John McKiggan

In Canada there is no such thing as a claim for “wrongful life”. In a ruling released last week, the Supreme Court of Canada denied leave to appeal a Court of Appeal decision that confirmed that Canadian law does not recognize the tort of “wrongful life” as a legitimate cause of action.

In Hergott, et al. v. Bovingdon the defendant doctor prescribed a fertility drug for the plaintiff mother. The doctor did not explain the risks of taking the drug to the mother.

The drug caused the mom to become pregnant with twins. Unfortunately, the twin pregnancy caused a premature birth, and the premature birth caused the twins to be born with severe disabilities.

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May 30th, 2008

Officials told to Turn a Blind Eye to Cancer Test Results: N.L.

by John McKiggan

Moira Hennessey, an assistant deputy minister in Newfoundland and Labrador’s health department has told the Cameron Inquiry that she was ordered not to question confusing figures about cancer test results according reports from the CBC.

“Forgot” to tell Bosses about Problems

She also testified that she “forgot” to pass on information on problems with cancer screening results to her bosses.

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May 29th, 2008

Disgraced Pathologist Menon “Sorry” but Blames Everyone in Sight

by John McKiggan

Dr. Rajgopal Menon, the dismissed pathologist at the centre of a public inquiry into botched cancer screening tests and autopsies in New Brunswick, apologized to his former patients yesterday for any errors he may have made.

Menon “Apologizes”

“I wish to sincerely apologize to any patient if I have made an error in reading their pathology slides. I was not aware of any errors in my work.”

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May 28th, 2008

Cape Breton Doctor so “Incompetent” no Training Program can Help: College of Physicians

by John McKiggan

Dr. Stani Osif of Cape Breton has been found guilty of “incompetence and professional misconduct” in a number of incidents at Northside General Hospital in North Sydney between 2003 and 2006 according to a story in today’s Chronicle Herald.

In June 2007 the College of Physicians and Surgeons of Nova Scotia suspended Dr. Osif’s license to practice medicine.

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Category: Uncategorized