Category: Surgical Errors

Court Refuses to Fast Track Nova Scotia Medical Malpractice Claim of Elderly Plaintiff – Langille v. Dzierzanowski

by John McKiggan

The Supreme Court of Nova Scotia just released its decision in Langille v. Dzierzanowski .

Elderly Plaintiff

The plaintiff, Walter Murray Langille, is 91 years old. He filed a medical malpractice claim against the defendants alleging they removed part of his colon because they mistakenly diagnosed him with colon cancer.

Surgical Checklists Save Lives: Help Prevent Medical Malpractice Claims

by John McKiggan

Medical malpractice can happen in a variety of ways. Often there are simple steps that can be taken to reduce or eliminate the chance that patients may suffer an injury (or worse) due to malpractice.

Reduces Errors

I have posted before about how using surgical checklists helps reduce medical errors and prevents deaths due to surgical errors.

Doctors Closer to Detecting Pre-Eclampsia Earlier

by John McKiggan

I am currently investigating a medical malpractice claim where my client suffered catastrophic injuries after developing pre-eclampsia so this story caught my eye.

CTV News has reported that an international team of doctors claim to have discovered 14 telltale metabolites that appear in the blood in early pregnancy that signal an increased risk for pre-eclampsia.

The researchers hope the discovery could one day mean a simple, cheap blood test for the life-threatening condition.

Standard of Care in Medical Malpractice Claims: Supreme Court of Canada Releases Decision

by John McKiggan

Today the Supreme Court of Canada issued a decision refusing to grant leave (permission) to hear the appeal of a case from Alberta dealing with the issue of standard of care in medical malpractice compensation claims.

The Court of Appeal decision in Nattrass v. Webber reminds us that the practice of medicine is constantly evolving and this may affect the issue of the standard of care.

Four Things You Need to Prove

Nurse’s Negligence Caused Child’s Brain Injury

by John McKiggan

Nurse Negligent

In a decision released last week, Justice Tausendfreund has ruled that a nurse at St. Joseph’s Children’s Hospital was negligent and that the nurse’s negligence caused catastrophic brain injuries to a baby, Danny Vuong.

Danny’s mother, Ms. Giang was admitted to St. Joseph’s Hospital on June 12, 2991. Her pregnancy had been normal and uneventful.

Nurses Have a Duty to Ensure Doctors Meet the Standard of Care

by John McKiggan

Nurses Duty to Ensure Appropriate Care

A recent decision from Ontario has found that nurses have a duty to ensure patients receive appropriate care from a responsible physician when faced with a medical emergency.

The court found that the duty to ensure that the patient is seen by a appropriate physician exists even when the patient has already been seen by a resident physician.

Medical Malpractice Claim Struck Out for Lack of Expert Evidence

by John McKiggan

One of the reasons why medical malpractice claims are so complicated, and so expensive, is because they require the testimony of medical experts, usually several medical experts to testify about both legal issues such as:

1. The standard of care;
2. Whether there was a breach of the standard of care;
3. Whether the breach resulted in the patient’s injuries;
4. What is the nature of the plaintiff’s injuries?

My book, The Consumer’s Guide to Medical Malpractice Claims in Canada, discusses the use of medical experts in medical malpractice claims and goes into detail to explain why you cannot win a medical malpractice case without solid medical experts on your side.

$4.5 Million Award for Child Who Suffered Cerebral Palsy Due to Birth Trauma

by John McKiggan

Court Approves Multi-Million Dollar Settlement

The Supreme Court of Nova Scotia has approved a settlement in a medical malpractice case awarding 4.5 million dollars in compensation to a child who suffered cerebral palsy as a result of injuries suffered during his birth.

Very Complex Claim