This is the next article in our series aimed at providing a detailed examination of the challenges and pitfalls in different types of medical negligence lawsuits and approaches to overcoming them. Kate McInnes focusses on cases where miscommunications have caused or contributed to a plaintiff’s injury. The importance of communication in Canada’s team-based model of healthcare is discussed, and the role that complete and accurate communication of patient information plays in defining the standard of care of physicians and nurses is explained, using a recent B.C. Supreme Court judgement as a case study.

This is the ninth article in our series aimed at providing a detailed examination of the challenges and pitfalls in different types of medical negligence lawsuits and approaches to overcoming them. Andrea Donaldson discusses specific issues that arise in delayed diagnosis cases, including the challenges of proving causation as well as the role of the conduct of the plaintiff in these cases, and when that can lead to a finding of contributory negligence or even a complete dismissal of the claim.

This is the eighth article in our series aimed at providing a detailed examination of the challenges and pitfalls in different types of medical negligence lawsuits and approaches to overcoming them. Jessica Kim discusses wrongful birth cases, including specific issues relating to causation and the inconsistent approaches taken by courts in determining damages for the cost of care for children born due to medical negligence, either with or without disabilities.

This is the seventh article in our series aimed at providing a detailed examination of the challenges and pitfalls in different types of medical negligence lawsuits and approaches to overcoming them. Brenda Osmond discusses the importance of conducting a detailed review of the medical records in a medical malpractice lawsuit, with a focus on birth injury cases. This article reviews cases in which the courts have addressed various issues relating to medical records, including late entries, lack of charting or incomplete charting, and the interplay of medical records and a defendant’s usual practice.

This is the sixth article in our series aimed at providing a detailed examination of the challenges and pitfalls in different types of medical negligence lawsuits and approaches to overcoming them. In this article Lindsay McGivern discusses the complex issue of causation in the context of birth injury cases. This article focuses on issues related to proving that the birth injury would likely have been avoided if appropriate care had been provided.  

This is the fifth article in our series aimed at providing a detailed examination of the challenges and pitfalls in different types of medical negligence lawsuits and approaches to overcoming them. Letty Condon considers the unique aspects of birth injuries and the nature of obstetric practice. When caring for a patient in labour and delivery, healthcare professionals must know when observation and expectant care is appropriate and also when it is necessary to intervene, for the sake of both the pregnant person and their baby. This article will review cases in which obstetricians and other health care professionals failed to intervene in labour and also where they failed to obtain informed consent from the person in labour for the planned delivery.