Halifax Medical Malpractice Lawyer Blog

February 8th, 2013

Why I Wouldn’t Want Dr. Oz to Operate on Me

Pat Malone is a friend of mine and an excellent malpractice lawyer in Washington D.C. He’s also a great source of information about issues pertaining to medical malpractice. That’s why I frequently read his blog and just came across once of his recent posts Should Mehmet Oz Operate on You?

Who is Dr. Oz?

You would have to be living under a rock (or not own a television) not to know that Dr. Oz is an American surgeon who was featured on the Oprah show and now has his own television series – The Dr. Oz Show. His daily program focuses on medical issues.

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January 30th, 2013

Dental Procedure Causes Brain Damage: The risks of “sleep dentistry”

by John McKiggan

A client of mine sent me a link to a story about a case in Manitoba. She thought I would be interested in the article because the situation was so similar to a case I was involved in a few years ago in New Brunswick.

According to the article, last month a four year old girl from Manitoba suffered a brain injury following botched dental surgery. Jairlyn Roulette was supposed to undergo a routine surgical procedure on October 11, but ended up with a permanent disability. Jairlyn needed some teeth capped, some fillings and an extraction and her dentist thought it would be best to subject her to general anesthetic.

In other words, Jairlyn was going to be unconscious throughout the dental procedure.

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January 7th, 2013

“My doctor says my baby has Erb’s Palsy. What does that mean?”

by John McKiggan

I was asked this question the other day by a new mom. As a medical malpractice lawyer in Halifax, I frequently get calls from parents throughout Atlantic Canada whose babies have suffered a birth injury.

Usually they want to know how the injury happened or if the injury was caused by anything the doctors or nurses did during the mom’s labour and delivery. Sometimes they just want someone to explain the medical terms the doctors have used.

Erb’s palsy and Brachial plexus injuries

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December 10th, 2012

Checklists Help Improve Medical Care: Is your hospital using one?

by John McKiggan

Surgical Infections a Huge Problem

It’s not news that surgeries can result in infections.

More than 250,000 patients develop infections in hospitals across Canada every year. 8000 to 9000 patients will die from the infections they develop in the hospital.

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December 7th, 2012

Informed Consent: When does my doctor NOT need my permission to treat me?

by John McKiggan

What is “Informed Consent”?

In the medical context, informed consent is the principle that a patient can give proper permission (‘consent”) to treatment only after being informed of the risks and implications of the treatment.

The law recognizes that you can only give true consent to receive medical treatment if you are provided with all the information necessary to make a decision about the proposed treatment. It is not enough for your doctor to simply ask if he or she has permission to perform a medical procedure.

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November 26th, 2012

Doctor negligent but patient loses med mal claim: Fowlow v. Gupta

by John McKiggan

As a medical malpractice lawyer I am often faced with explaining the difference between proof of negligence and proof of harm. Clients find it difficult to understand how a doctor may be found to be negligent; but still not be responsible for the patients injury or death.

Fowlow v. Gupta

A perfect example is the case of Fowlow v. Gupta which was recently decided by the Ontario Supreme Court.

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October 9th, 2012

Does the Workers’ Compensation Act Immunize Hospitals Against Medical Malpractice Claims?

by John McKiggan

As a Halifax medical malpractice lawyer I frequently get calls from other lawyers who don’t practice this area of law, wondering if their client has a potential medical malpractice claim.

This week I got a call from a colleague of mine, and since his question is one I have been asked many times over the years, I thought it would be helpful to post some information here in case it is helpful to anyone else in the same circumstances.

Work Injury Leads to Negligence in Medical Treatment

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September 7th, 2012

Hospital Acquired Infections – Can Technology Help?

by John McKiggan

Each year, as many as 250,000 Canadians suffer from hospital acquired infections, resulting in up to 12,000 annual deaths. It is estimated that over 30% of hospital acquired infections are preventable. Proper hand hygiene is the single most important way to prevent the spread of infections.

But how do you ensure that your doctor or nurse has washed their hands before they attend to you? See for example my article: Did You Wash Your Hands!? A Lesson in Tact

I have written before about the dangers of hospital acquired infections: Nova Scotia Medical Errors: C- difficile Infections kill 4 in Cape Breton Hospitals

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July 31st, 2012

Time Limits in Medical Malpractice Claim: When Does Discoverability Rule Apply?

by John McKiggan

“How Long Do I Have to File a Medical Malpractice Claim?”

As a medical malpractice lawyer in Nova Scotia, I get asked that question a lot. But the answer is rarely simple or straightforward.

Every province in Canada has a Statute of Limitations, a law that places a time-limit on how long a plaintiff can wait before filing a lawsuit in court. For example, in Nova Scotia, the time-limit for filing a medical malpractice claim is 2 years from the date of the alleged negligence or injury.

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July 6th, 2012

Supreme Court Clarifies Law of Causation – Clements v Clements

by John McKiggan

Last week, the Supreme Court of Canada released its decision in Clements v Clements. The decision offers some useful clarification regarding the law of causation.

The Facts

In the Clements case the Defendant, Mr. Clements, was driving his motorcycle with his wife, the Plaintiff, riding behind him as a passenger. The bike was overloaded by almost a hundred pounds, and there was a nail that punctured the rear tire of the motorcycle.

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