Category: Prescription Errors

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.

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.

Misdiagnosis or Failure to Diagnose in Medical Malpractice Claims

by John McKiggan

“What’s the difference between Misdiagnosis and Failure to Diagnose?”

The majority of medical malpractice claims that I am asked to review involve either a misdiagnosis of a medical condition (recognizing the symptoms but getting the diagnosis wrong) or the failure to diagnose a medical condition (not recognizing that there is a medical problem that requires treatment).

Making a mistake may not be malpractice

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:

Medical Malpractice and “The Oprah Effect”

by John McKiggan

Oprah Investigates Medical Malpractice

My wife loves the Oprah show. She DVR’s the program and watches it (almost) every night. Tonight she asked me to watch todays show about Medical Errors.

100,000 Americans 24,000 Canadians Die Every Year

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

Simple Checklist Helps Prevent Deaths and Complications after Surgery

by John McKiggan

The New England Journal of Medicine has published a study showing that using a simple checklist helped decrease the number of surgery related deaths by more than 40%. The research showed that major complications after surgery fell by almost 1/3.

Using a Checklist

The checklist required the operating team to review a list of questions which included:
1. Were proper antibiotics given;
2. Was the correct patient on the operating table;
3. Was the correct surgical site identified;
4. Was sufficient anesthesia and blood supply available;
5. Did the patient have any allergies;
6. Counting needles/sponges to make sure nothing was left inside the patient.
Staggering Results

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.

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.

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: