Category: Medical Malpractice

May 10, 2018

In a previous post, we explained documentary discovery in a lawsuit, and how every party to the action must disclose every document or record in their possession or control that may be relevant to the proceedings. Documentary disclosure and medical negligence claims In any personal injury claim, one of the central issues is what injuries […]

May 3, 2018

Continuing our series about medical negligence, this post looks at the doctrine of “informed consent” as it relates to health care providers. If a medical professional undertakes any procedure or course of treatment without obtaining informed consent from their patients, they may be liable for certain negative outcomes, even if the procedure is performed properly […]

April 26, 2018

The last post in our series about the essential elements of a medical malpractice claim is about causation. In any personal injury claim against a doctor, dentist or other medical professional, there are four key elements that the plaintiff must prove in order to succeed. These are: The doctor, dentist or health care provider owed […]

April 20, 2018

As discussed in our previous posts about the duty of care and standard of care, to win your medical malpractice claim, you need to prove: That the doctor, dentist or health care provider owed you a duty of care; The services or treatment provided fell below the applicable standard of care; You suffered a compensable […]

April 13, 2018

This is part two of a series about the legal elements in a medical malpractice or dental negligence claim. Part one about the duty of care owed to patients by doctors and dentists can be found here. In order to succeed in a medical malpractice or dental negligence lawsuit plaintiffs must prove: The doctor, dentist […]

April 4, 2018

In previous posts, we have briefly discussed medical malpractice and dental negligence claims. In this series, we will look at the essential parts of a personal injury claim against a doctor, dentist or other health care professional. There are four key elements that a plaintiff must prove in order to succeed in a medical malpractice […]

March 9, 2018

A plaintiff is allowed to proceed with her dental malpractice claim, arising from TMJ surgery that was conducted nine years earlier. This case illustrates the legal complexity surrounding medical and dental negligence claims, and why speaking to an experienced lawyer should be your first step. The limitation period and “discoverability” In previous posts, we have […]

March 2, 2018

In previous posts, we have discussed the basic two-year limitation period for beginning a personal injury claim. This cosmetic surgery claim illustrates how the limitation period applies when a patient received ongoing treatment following a potentially negligent procedure. Medical malpractice claims and the limitation period Generally speaking, victims of negligence have two years from the […]

February 23, 2018

Last October, a woman was arrested in North York after performing a dangerous cosmetic procedure in her basement. Her victim developed an serious infection a few weeks later, and required further corrective surgery to repair the damage. The woman had advertised through online classifieds, posing as “Dr. Kitty” to attract clients, and was charged with […]

February 16, 2018

Visiting the dentist is a common occurrence for most Canadians, and in most cases, these visits are a necessary part of maintaining good overall health. However, when damage and injury occurs as the result of negligence, patients may consider a dental malpractice claim. What is a dental malpractice claim? Similar to medical professionals, dental professionals, […]