You, Medical Malpractice and Pacific Medical Law
	Law, justice and human concern here is a good reason in our western civilization why lawyers are sometimes termed “advocates.” It is particularly apt in the field of medical malpractice where someone must speak for individual rights in an arena where the language is often that of science, technology, and the complexities of professional or institutional practice. The field is also a world where events, intentions, and personal actions are often drawn in shades of gray, not crisp black and white. At Pacific Medical Law we provide more than extensive legal expertise and professional experience to our advocacy. We bring careful listening, understanding and a passion for what is fair and right. We build your case with painstaking analysis and incisive strategy. And we support you with the best of resources to give you equal footing and every advantage. When you have chosen Pacific Medical Law as your advocate, you can be sure your voice will be heard with power, clarity and effectiveness. About Medical Malpractice Lawsuits
	Suite 1510, PO Box 11535, 650 West Georgia Street, Vancouver, BC, V6B 4N7 Local calls: 604-685-2361 Toll free calls: 1-888-333-2361 Fax: 604-669-3477
Do not apply any of the information set out in this website without first discussing it with a lawyer. One page overview of the pacificmedicallaw.com website.

Medical Malpractice Evaluation Form
	If you think you might have a medical malpractice case, contact us by filling out the form below or e-mail a description of your situation and a lawyer will evaluate it and contact you promptly. First Name: Last Name: Street Address: City: Province: Postal Code: Home Phone: Email: Provide a brief description of your case: How did you hear about Pacific Medical Law A friend Internet Lawyer Advertisement Yellow Pages Other How did you find our web site? A friend Internet Lawyer Advertisement Yellow Pages Other
	Suite 1510, PO Box 11535, 650 West Georgia Street, Vancouver, BC, V6B 4N7 Local calls: 604-685-2361 Toll free calls: 1-888-333-2361 Fax: 604-669-3477

Working with Pacific Medical Law						Why Choose Us? Medical Malpractice law requires specialized knowledge about the medical profession, outstanding discovery skills, and weighty testimony. At Pacific Medical Law we have the legal resources critical to success.  Pacific Medical Law is exclusively devoted to litigating medical malpractice cases. Focus on the Key Issues. At Pacific Medical Law our lawyers focus in on the key issues of your particular case.  We do not use the scattergun approach for our clients. Expert witnesses  Expert testimony is absolutely crucial to every medical malpractice case.  Through years of medical malpractice experience we have worked with many leading experts in specialized medical fields. Depth of medical Legal experience. The lawyers at Pacific Medical Law have years of combined medical malpractice and professional negligence experience.  We have at our fingertips access to rehabilitation, speech language therapy, lifetime expectancy, and loss of future earning experts- all critical personnel in determining the extent of your losses. Successful Judgments and Settlements. The lawyers at Pacific Medical Law have extensive experience in the area of medical malpractice.  The lawyers at Pacific Medical Law have had many judgments and settlements in excess of $1,000,000.  Only lawyers work on your case- from your first telephone call with us until the end of your case.There are no articled students, law students training to be lawyers, or paralegals handling your  sensitive and important medical malpractice litigation. Referring lawyers and former clients   Most of our clients have been referred to us by word of mouth from former clients or other lawyers.  Some of these lawyers continue to be an active part of the litigation team in addition to the experienced team at Pacific Medical Law.  Effective discovery.  Success often depends on discovery of crucial facts found in the reams of medical records and medical literature on your particular  medical problem.  Experienced lawyers, in-depth medical knowledge, and thorough preparation are the keys to a successful result for you. Our Concern for you.  During your case, our lawyers are available to handle your questions.  After a successful award or settlement, we will offer guidance in dealing with the Public Guardian and Trustee who will be involved if the patient is a minor or unable to handle their affairs.
	Key steps in a medical malpractice suit When you contact us as a potential client: When we are contacted by a potential client, we first consider whether the case is one in which we might be able to help. We take into consideration the severity of the injury and also when the alleged malpractice happened. Legal time limitations require cases to be started within a specific time. For an adult plaintiff in British Columbia, this can be as little as two years from the date of injury. There are some circumstances that can extend it up to six years. A child who is injured may have even longer. Because of the uncertainty, it is important that a person seek legal advice well within two years of the injury if that is possible. Acting too late may make it impossible to prepare and initiate a suit before time limits expire. Review and analysis Our next step is usually to review the relevant medical records. We may ask the prospective client to obtain the records and provide them to us for a preliminary opinion - or we may meet with the prospective client first, then obtain the records. At that point, depending on the area of medicine involved, we seek an appropriate medical expert for a preliminary opinion. In some areas of medicine, such as obstetrics, we may from our experience be able to identify issues ourselves from looking at the records and not consult experts until later. Our fee agreement with you If we believe there is a potential case, we enter into a retainer agreement with the client. If the case appears to have merit and sufficient potential damages, we are prepared to enter into a contingency fee agreement, under which our fee is a percentage of the amount eventually recovered. In addition to our fee, there are out-of-pocket expenses, such as filing fees charged by the court and, most significantly, the fees charged by expert witnesses. A lawyer will discuss with you the arrangements for the fees and out of pocket expenses. Continue to review the Litigation Process
	Suite 1510, PO Box 11535, 650 West Georgia Street, Vancouver, BC, V6B 4N7 Local calls: 604-685-2361 Toll free calls: 1-888-333-2361 Fax: 604-669-3477
Do not apply any of the information set out in this website without first discussing it with a lawyer.

Case Histories						Judgments and Verdicts awarded to Clients of Pacific Medical Law Fullerton appeal - successful appeal on a novel issue of law Fullerton judgment - multi-million dollar medical negligence judgment for a 6 year old boy who has catastrophic brain damage and multiple disabilities as result of the doctor and nurses negligent management of his mother’s labour. $2,900,000- Failure to recognize and treat fetal distress during labour and delivery. The child was born with server brain damage and cerebral palsy. The Strachan judgment, medical negligence judgment, with the exact amount to be determined in the range of 2 million to 2.5 million was a successful hard fought trial for a 5 year old boy who has severe permanent brain damage as a result of the doctors and nurses failure to diagnose a uterine rupture, an obstetrical emergency. $250,000 for a wrongful adult death. Wrongful death claim arising from the physician's negligence in treating and the nurses' negligence in monitoring a hospitalized suicidal patient. $1,700,000 for failure to perform a timely caesarean section when the fetus was in distress. The child was born with permanent brain damage. $3,200,000 for failure to recognize that a fetus was deprived of oxygen - severe permanent brain injury and speech impairment. $2,700,000- Failure to diagnose and treat a stroke; adult brain damage $3,650,000- Failure to deliver by emergency caesarian section; infant brain damage $3,000,000- Failure to recognize fetal distress and perform an emergency caesarian section; infant brain damage and quadripalegia $2,700,000- Failure to diagnose a rupturing uterus during labour; infant brain damage $2,600,000- Failure to diagnose fetal distress and failure to respond appropriately; infant brain damage $1,000,000- Failure to recognize fetus in distress and failure to perform an emergency caesarian section; infant brain damage and hearing loss $2,000,000-Failure to diagnose and treat meningitis;adult brain damage $340,000- Failure to diagnose a blood clot that led to a stroke; adult moderate brain damage $435,000- Wrongful death from failure to diagnose a heart attack; adult died $515,000- Wrongful death during childbirth; adult died $350,000- Wrongful death from failure to diagnose a pulmonary embolism; adult died Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
	Pacific Medical Law - justice with compassion No two cases are alike, but these case histories will give you more insight into how we work as well as an up-close view of medical malpractice case litigation and settlement. The work preparing for a trial can be long and arduous. So can the trial itself. When so much is at stake in the lives of the people involved every hour we spend is worth it because justice always is.
	Suite 1510, PO Box 11535, 650 West Georgia Street, Vancouver, BC, V6B 4N7 Local calls: 604-685-2361 Toll free calls: 1-888-333-2361 Fax: 604-669-3477
Do not apply any of the information set out in this website without first discussing it with a lawyer.

News about Pacific Medical Law and Medical Malpractice
Causation in Obstetrical Malpractice Cases (PDF) Admissibility of Expert Opinion Evidence (PDF) Medical Malpractice Litigation for Lawyers Some of the above articles are presented in Adobe PDF format. You can get the latest version of the PDF veiwer here.	Read Pacific Medical Law releases and recent articles from the media concerning medical malpractice, significant cases, and rulings that could affect you. Linda A. Wong is the judge in the mock trial: Direct Examination and Cross-examination of the Medical Expert- Techniques with the "Difficult" Expert and the "Effective" Expert. This mock trial is part of the Harnessing Doctors' & Lawyers' Skills in the Medico-Legal Setting, a 2 day professional development conference. She also was a speaker at TLABC's inaugural Plaintiffs' Counsel Seminar in 2006. Linda restricts her practice to plaintiff’s medical malpractice cases. She was co-counsel on the two recent cases of catastrophically injured infants- cases that dealt with the interplay of cost of future care and government funding (Strachan v. Reynolds et al and Fullerton v. Delair et al). Linda is also a member of the birth trauma and medical negligence litigation groups of the AAJ. Linda A. Wong chairs the Plaintiff Medical Negligence Litigation Group. As of March 2, 2007 Linda is the chair of the Trial Lawyers of British Columbia's Plaintiff Medical Negligence Litigation Group.	Linda Ann Wong
	Successful appeal for a severely disabled boy and his family Pacific Medical Law lawyers Linda Wong and Don Holubitsky along with Joseph Arvay were successful on a novel point of law. The overall effect is that government monies are being freed up for other families of disabled children who need respite care, supplies and therapies. http://www.courts.gov.bc.ca/jdb-txt/sc/05/02/2005bcsc0204.htm Lawyer's absence- Commencing January 10, 2007 Don Holubitsky is absent indefinitely due to health reasons. Paul McGivern and Don Holubitsky join Linda A. Wong at Pacific Medical Law Nathan Smith Law welcomes Paul McGivern and Don Holubitsky, MD to the legal team. They are very experienced lawyers in medical malpractice litigation. Paul McGivern is a medical malpractice lawyer with more than 20 years experience. His particular area of interest is infants catastrophically injured at birth. Paul is well known in the medical legal community. He has an impressive reputation for understanding the technically intricate medical and legal issues of complex malpractice actions such as the birth cases. After carefully listening to the infant's family, reviewing the medical information, and assessing the medical and legal issues, Paul will assess and explain the case with a view to maximizing the recovery and minimizing the risk to the child and his family. Paul has been lead counsel in hundreds of medical malpractice claims, many of which have involved claims of over $3 million. He has litigated a number of high profile and legal precedent setting legal cases, and has appeared as lead counsel before every court level in B.C. and in the Supreme Court of Canada. In addition to being an advocate for the clients at Pacific Medical Law, Paul is an adjunct legal professor at the University of British Columbia where he has taught civil procedure for 18 years. He is also a sought after speaker at continuing medical legal education programs. He has organized and chaired a number of continuing medical and legal programs focusing on medical legal issues. Paul is a Director of the Medical Legal Society of B.C. and a member of the Trial Lawyers Association of BC and the Plaintiff’s Medical Negligence Litigation Group. As of January 10, 2007 Don Holubitsky is away from the office indefinitely.	Paul McGivern Don Holubitsky- absent indefinitely
	Linda A. Wong Ms. Wong is the remaining founding lawyer at Pacific Medical Law. She practiced with Nathan H. Smith, Q.C. before his appointment to the Supreme Court of British Columbia in 2005. Linda Wong and Nathan Smith were counsel in the hard-fought victory for Travis Strachan, a severely brain damaged child, and his family. Linda Wong and Nathan Smith were also counsel at the trial in another hotly contested and successful trial for Benjamin Fullerton, another infant who suffered catastrophic brain damage at birth. Linda Wong was also co-counsel at the appeal. She continues to act as counsel for the Fullerton family. Further details of this trial and appeal are found at the Case History page. Ms. Wong was called to the bar in 1983 and has concentrated on civil litigation. She has acted as counsel at all court levels in B.C. During her sabbatical Ms. Wong was also actively involved in community health and education issues. From her personal experience she knows about Individual Education Plans, working with therapists, and making decisions and choices as a parent of a child with a disability. Linda Wong is an activist — one that you can count on for compassion, determination and effectiveness. It not only goes with the job, it’s an irreplaceable part of who she is.
	Nathan H. Smith appointed to the Supreme Court of British Columbia In May of 2005, Nathan Smith was appointed to the Supreme Court of British Columbia, the senior trial level in BC. He thanks all of his clients for the privilege of representing them and the team at Pacific Medical Law for strong teamwork and service to our clients.
	Hard-fought victory for Karen and Travis Strachan and famiy The Strachan judgment was a successful hard fought trial for a 5 year old boy and his family (Mom, Dad, and younger brother). Travis Strachan has severe permanent brain damage as a result of the doctors and nurses failure to diagnose a uterine rupture, an obstetrical emergency. The Kelowna Courier's story on the Strachan matter, quotes "Kelowna General Hospital and Dr. Margaret Lynn Reynolds have been hit with a $675,000 medical negligence judgment, with perhaps $2 million more to come." "The hospital and doctor were sued by Westbank's Karen Strachan after problems with her son Travis's birth on Jan. 23, 1999, that have left the boy severely handicapped " Other media coverage on the Strachan Judgement included a BCTV story during the trial and CBC radio on Tuesday, July 13, 2004 also had an item on the judgment, quote "A British Columbia Supreme court judge has awarded a Kelowna mother more than $500,000 for damages caused by medical negligence, plus the costs of future care of her severely disabled son. " "That is what can provide this child with the kind of care and treatment he needs," says (Nathan Smith, Q.C.).
	Linda Wong invited to be a guest instructor at the Professional Legal Training Course. Linda Wong guest lectured on September 8, 2004 on Law Office Management. The Professional Legal Training Course is operated by the Law Society of British Columbia, the body that governs the legal profession in BC. Law school graduates and lawyers that are from other jurisdictions, returning from a long absence of practising or as required by the Law Society take this mandatory course to learn about the practical aspects of practising law in BC including the ethical and regulatory rules.
	Suite 1510, PO Box 11535, 650 West Georgia Street, Vancouver, BC, V6B 4N7 Local calls: 604-685-2361 Toll free calls: 1-888-333-2361 Fax: 604-669-3477
Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts of the individual cases. Do not apply any of the information set out in this website without first discussing it with a lawyer.

Meet your professional team at Pacific Medical Law						Linda Wong Paul McGivern Don Holubitsky
	Firm History Pacific Medical Law carries on the traditions of its founder Nathan H. Smith and his predecessor Raymond MacLeod. Those are the traditions of only representing patients and their families, not defending doctors or hospitals, and of offering professional advice with compassion.
	Linda Ann Wong Linda Wong is the remaining founding lawyer at Pacific Medical Law. She had the priviledge of practicing with Nathan H. Smith, Q.C. until his appointment to the bench. Linda restricts her practice to plaintiff’s medical malpractice cases. She is the chair of the TLABC's Plaintiff Medical Negligence Litigation Group and was a speaker at TLABC's inaugural Plaintiffs' Counsel Seminar in 2006. She was co-counsel on the two recent cases of catastrophically injured infants- cases that dealt with the interplay of cost of future care and government funding (Strachan v. Reynolds et al and Fullerton v. Delair et al). Linda is also a member of the birth trauma and medical negligence litigation groups of the AAJ. Ms. Wong was called to the bar in 1983. She has concentrated on civil litigation. She has acted as counsel at all court levels in B.C. She has been active in community health and special education issues. But for Ms. Wong other human concerns also counted heavily. With both a special needs child and a gifted learning disabled child to raise, she took a sabbatical from full time legal work to engage in battling for the medical, educational, and therapeutic needs of special needs children. She organized H.O.P.E. (Help Obtain Personal Excellence), Vancouver's first school-based group for families of special needs children. Heading the organization for the next five years she helped open lines of communication among parents, teachers, administration, and the school-based team. She also became spokesperson for a Vancouver-wide parents’ group battling to preserve services for public school children, carrying their message to radio, television, and the newspaper as well as to the Education Minister and government officials in Victoria. Next, she successfully took up the task of explaining Asperger’s Syndrome and maintaining funding for children afflicted by this disorder that severely affects childhood social interaction and behavior, impairing social, occupational, and other vital functioning. By seeking out expert pro-bono documentation describing the disorder and its effects, and co-chairing a high level volunteer advocacy group, Ms. Wong and her team produced educational resource material that the Autism Society of BC subsequently distributed to every school district in British Columbia. After her sabbatical, Ms. Wong returned to law as a barrister and solicitor with Nathan Smith. When Mr. Smith was appointed to the bench she became the principal at Pacific Medical Law. She is still an activist—one that clients can count on for passion, determination, compassion and effectiveness. It not only goes with the job, it’s an irreplaceable part of what she is.					Linda Ann Wong
	Paul McGivern Paul McGivern is a medical malpractice lawyer with more than 20 years experience. His particular area of interest is infants catastrophically injured at birth. Paul is well known in the medical legal community. He has an impressive reputation for understanding the technically intricate medical and legal issues of complex malpractice actions such as the birth cases. After carefully listening to the infant's family, reviewing the medical information, and assessing the medical and legal issues, Paul will assess and explain the case with a view to maximizing the recovery and minimizing the risk to the child and his family. Paul has been lead counsel in hundreds of medical malpractice claims, many of which have involved claims of over $3 million. He has litigated a number of high profile and legal precedent setting legal cases, and has appeared as lead counsel before every court level in B.C. and in the Supreme Court of Canada. In addition to being an advocate for the clients at Pacific Medical Law, Paul is an adjunct legal professor at the University of British Columbia where he has taught civil procedure for 18 years. He is also a sought after speaker at continuing medical legal education programs. He has organized and chaired a number of continuing medical and legal programs focusing on medical legal issues. Paul is a Director of the Medical Legal Society of B.C. and a member of the Trial Lawyers Association of BC and the Plaintiff’s Medical Negligence Litigation Group.					Paul McGivern
	Don Holubitsky As of January 10, 2007, Don Holubitsky is away from the office indefinitely.					Don Holubitsky
	Suite 1510, PO Box 11535, 650 West Georgia Street, Vancouver, BC, V6B 4N7 Local calls: 604-685-2361 Toll free calls: 1-888-333-2361 Fax: 604-669-3477
Do not apply any of the information set out in this website without first discussing it with a lawyer

People ask us...
	Here are some of the most-asked questions about medical malpractice and Pacific Medical Law We want you to be fully informed. Chances are you can find answers to many of your questions right here. If not, don't hesitate to call us. We're pleased to help you. Does Pacific Medical Law only act for patients? We only represents patients and their families. We do not defend doctors and hospitals. Do I have a medical malpractice case? Many people caontact us just wondering if they have a reason to sue their doctor or hospital. Contact us by e-mail or telephone us for a free initial telephone consultation to discuss your problem. Our toll-free number is 1-888-333-2361. (ext. 3) Our number in the Lower Mainland is 604-685-2361 (ext. 3). You will have a free confidential discussion with one of our lawyers. How long do I have to sue? Many people do not realize that there is are deadlines for starting medical malpractice suits. In general, British Columbia law requires that your lawsuit be filed within 2 years of the date of the injury or the date that you became aware of injury and the negligence. There are ultimate limitation dates for suing and special rules for people injured before they turned 19 years old and people with mental disabilities. The entire area of limitation periods law is complex and you need to contact a lawyer to discuss the limitation dates in your situation. How Much Will it Cost Me? Frequently, our clients are worried about how much they will have to pay to have a lawyer protect their interests. Some cases are paid on an hourly basis but most are taken on a contingency or percentage of monies successfully recovered basis. If we decide to take on your case on a contingency basis, we will invest thousands of dollars of our time to investigate and discover the facts and law that are important to your lawsuit. We spend the time necessary to find the medical experts in Canada or United States to support your case. We will not charge you any fees for our time unless we are successful and then our fee is based on an agreed upon percentage of what we have recovered for you. Special rules apply when we represent people under the age of 19 years or people with mental disabilities. There are also out-of-pocket expenses such as fees charged by expert witnesses and the court in addition to our fees. A lawyer will discuss with you the arrangements for the fees and out of pocket expenses. How Long will it take until my case is finished? Medical malpractice cases are not easily resolved. Although some cases are settled, many cases go through to trial and sometimes appeal. Cases that are settled are often only settled in the last days before trial. We will endeavor to handle your case at a speed that is in your best interests. Often, the full extent of the injuries is not apparent uintil several years after the alleged medical mistake. The average time from your initial contact with us until the matter settles or goes to trial is approximately three years. I live outside of BC can you help me? Please contact us so we can determine if it would be appropriate for us to represent you or whether it would be better for us to refer you to someone else.
Does Pacific Medical Law only act for patients? Do I have a medical malpractice case? How long do I have to sue? How Much Will it Cost Me? How Long will it take until my case is finished? I live outside of BC can you help me?
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Do not apply any of the information set out in this website without first discussing it with a lawyer.
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