Did You Wash Your Hands!? A Lesson in Tact
Hospital Acquired Infections
I recently posted about the dangers of hospital acquired infections like C-difficile and MRSA.
Posted in: Hospital Negligence, Infections, Uncategorized
Category: Uncategorized
“Respectable Minority” Principle a Trap for Malpractice Victims – Cleveland v. Whelan
First Hurdle
The first thing a medical malpractice victim needs to prove in order to win their case is to establish the “standard of care”.
The Supreme Court of Canada stated that:
“A doctor’s behaviour must be assessed in light of the conduct of other ordinary specialists, who possess a reasonable amount of knowledge, competence and skill expected of professionals in Canada, in that field. A specialist such as the respondent, who holds himself out as possessing a special degree of skill and knowledge, must exercise the degree of skill of an average specialist in his field.”
That well known quote from the Supreme Court of Canada’s decision in Ter Neuzen v. Korn is referred to in every single medical malpractice trial.
Posted in: Medical Malpractice, Standard of Care, Uncategorized
New “Superbug” Making Hospital Rounds
The recent series of C-Difficile infections in Cape Breton hospitals has brought some media attention to the problem of Hospital Acquired Infections.
I was doing some research on a case and came across information of a new antibiotic resistant “Superbug” that is being found in hospitals.
Carbapenem-Resistant Klebsiella pneumonia or CRKP is an antibiotic-resistant organism that can cause infections in health care settings like hospitals and nursing homes. The bacteria is often associated with pneumonia, bloodstream infections, wound or surgical site infections, and meningitis.
Posted in: Hospital Negligence, Infections, Uncategorized
Proving Causation in Medical Malpractice Cases – Sienkiewicz v. Greif
Biggest Hurdle?
The biggest challenge a plaintiff in a medical malpractice case usually faces is proving, on the balance of probabilities, that the defendant’s actions (or inaction) caused the plaintiff’s injuries.
Biological vs. Legal Cause
Posted in: Causation, Hospital Negligence, Medical Malpractice, Standard of Care, Uncategorized
Nova Scotia Medical Errors: C- difficile Infections kill 4 in Cape Breton Hospitals
Cape Breton District Health Authority has stated that 21 patients in two Cape Breton Hospitals have tested positive for the bacteria C. difficile. Four people have died as a result of the infections.
Hospital Acquired Infections a Deadly Problem
Nosocomial infections (Hospital acquired infections) are the fourth largest killer in Canada.
Posted in: Hospital Negligence, Infections, Standard of Care, Uncategorized
Birth Injuries More Common During Night Shift
My colleague, Ches Crosbie recently posted about an American Journal of Obstetrics and Gynecology report that studied medical charts for more than two millions births in California over a 14 year period. According to the study children born between the hours of 10 PM and 4 AM were 22% more likely to develop cerebral palsy.
Ches suggested:
Hospitals already have issues with staff shortages and fatigued workers, so it makes sense to me that these problems might be worse during the “graveyard shift”.
Posted in: Birth Injuries, Hospital Negligence, Medical Malpractice, Uncategorized
Negligent Nurse Who Lost License Still Working in Canada
In 2001 Spencer Sullivan had elective surgery for neck and back pain at the University of California San Francisco Medical Centre. The surgery went well and there were no complications.
Negligent Nursing Care
But while Sullivan was in the hospital recuperating his nurse, Rose McKenzie, gave him two different types of pain medication without checking with the doctors who were in charge of Sullivan’s care. McKenzie then failed to monitor Sullivan throughout the night.
Doctors Warn Against Using Internet to Self-Diagnose Illness
There is an old saying that a lawyer who represents himself has a fool for a client.
But what do you call a patient who diagnoses himself? “Dangerous.” At least according to Dr. Ross Upshur, a University of Toronto scientist and Canada Research Chair in primary-care research.
Self Diagnosis Dangerous
More and more patients are turning to Google and the internet to diagnose, and even treat, their injuries and illnesses. Doctors are warning people about the dangers of relying on unproven or inaccurate information that can be found while surfing the web.
Posted in: Medical Malpractice, Misdiagnosis, Standard of Care, Uncategorized
Busy Doctors Do Not Have a Lower Standard of Care: Ontario Supreme Court
Reasons for judgement were released recently in the case of McLintock v. Alidina.
The plaintiff, Ann McLintock alleged negligence on the part of her family physician, Dr. Alidina, because Alidina hd failed to advise the plaintiff of the results of mammogram testing. McLintock had to undergo a course of 25 radiation treatments and surgical intervention as a result of the alleged delay.
Different Standards for Different Doctors?
Posted in: Cancer, Causation, Medical Malpractice, Standard of Care, Uncategorized
Medical Malpractice Claims in Canada: Standard of Care for Medical Students – Anderson v. Greene
There are three things that an injured patient must prove in order to be entitled to receive compensation:
1. What is the standard of care?
2. Did the defendant fail to meet the standard of care?
