Category: Informed Consent

Medical Malpractice Claims: The Burden of Proof and O.J. Simpson

by John McKiggan

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

Continue reading →

Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Cancer, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Hospital Negligence, Informed Consent, Medical Malpractice, Medication Errors, Misdiagnosis, Nursing Errors, Prescription Errors, Surgical Errors, Uncategorized

Income Loss in Medical Malpractice Claims

by John McKiggan

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.

Continue reading →

Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Cancer, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Hospital Negligence, Infections, Informed Consent, Medical Malpractice, Medication Errors, Misdiagnosis, Nursing Errors, Prescription Errors, Surgical Errors, Uncategorized

The Consumer’s Guide to Medical Malpractice Claims in Canada

by John McKiggan

The latest edition of my book, The Consumer’s Guide to Medical Malpractice Claims in Canada: Why 98% of Canadian Medical Malpractice Victims Never Get a Penny in Compensation, is now on its way back from the printers.

You can get a copy of the book by contacting me through this blog. However, I am going to be posting excerpts from the book over the next few weeks to give you a taste of the information contained in the book.

Lynn Butler sent me a very kind note after reading a copy of the book. Here is what she had to say:
“I found The Consumer’s Guide to Medical Malpractice Claims most helpful. I would definitely recommend the guide to anyone seeking information: it was very informative, factual and easy to read. I would certainly recommend the guide to anyone wondering if they have grounds for a medical malpractice lawsuit.”
Jeff Baggaley contacted me about a pediatric medical malpractice claim. After reading the book he sent me a note to say:
“I have read your book on pursuing a malpractice claim in Canada. Let me say at the outset that your book is an invaluable and excellently written introduction to essential information which the possible claimant needs to know.

Continue reading →

Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Cancer, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Hospital Negligence, Infections, Informed Consent, Medical Malpractice, Medication Errors, Misdiagnosis, Nursing Errors, Prescription Errors, Surgical Errors, Uncategorized

How Do I Know if I Have a Medical Malpractice Claim?

by John McKiggan

When I am asked to review a possible claim for a client wondering if they have been a victim of medical malpractice, it often takes months of investigation and requires reviewing hundreds of pages of medical records and reports. In many cases I have to get a medical expert to provide a medical-legal opinion on the issue of standard of care or causation.

However, there is a way for you to figure out for yourself if you have medical malpractice claim that is worth talking to a lawyer about to see if you may have a claim.

Two Simple Questions:

Continue reading →

Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Informed Consent, Medical Malpractice, Medication Errors, Nursing Errors, Prescription Errors, Uncategorized

What Does Informed Consent Have To Do With My Nova Scotia Medical Malpractice Claim?

by John McKiggan

Medical Malpractice can happen in two ways:
1. Negligence is when your doctor causes an injury because he or she failed to meet the standard expected of a reasonably competent physician;

2. Assault and Battery happens when your doctor does not have your informed consent to perform the medical procedure that caused your injury.
Consent to Medical Treatment:

Everyone has a legal right to decided what can be done with his or her own body. Lawyers refer to this right as autonomy.

Continue reading →

Posted in: Informed Consent, Uncategorized

Doctors Forcing Patients to Sign Gag Orders

by John McKiggan

Can you believe this?!

There are doctors who are forcing patients to sign a contract promising not to criticize the doctor, “his expertise and/or treatment.”

No signature-No medical care

Continue reading →

Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Informed Consent, Medical Malpractice, Nursing Errors, Prescription Errors, Surgical Errors, Uncategorized

You Can File a Complaint About Your Doctor!

by John McKiggan

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.

Continue reading →

Posted in: Anaesthesia Errors, Birth Injuries, Brain Injuries, Disclosure of Errors, Drug Injuries, Emergency Room Errors, Informed Consent, Medical Malpractice, Prescription Errors, Surgical Errors, Uncategorized

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.

Continue reading →

Posted in: Birth Injuries, Informed Consent, Medical Malpractice, Uncategorized