
The Risks and Rewards of Medical Negligence Law
This article is the first in a series aimed at providing a detailed examination of the challenges and pitfalls in different types of medical negligence lawsuits. Each article will focus on specific injuries and will highlight the obstacles a plaintiff faces in bringing their case to a successful conclusion.
Author: Brenda Osmond and Coralei Still
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Complexities of the Medical Malpractice Jury Trial
Should medical malpractice cases be heard in front of a jury, or by judge alone? In this article Lindsay McGivern considers this question with examples from recent case law that illustrate some of the challenges and risks involved in having a complex case heard by a jury.
Author: Lindsay McGivern
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Does Failure to Disclose a Medical Error Amount to Liability?
This is the final article in our 8-part series on medical malpractice litigation published in the Verdict law journal. In this article Susanne Raab reviews the physicians’ obligation to disclose to their patients when a medical error occurs in the provision of their health care, and also examines the consequences that flow from a failure to make these required disclosures.
Author: Susanne Raab
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Medical Malpractice: Expert Evidence – The New Normal
This is the seventh article in our 8-part series on medical malpractice litigation published in the Verdict law journal. In this article Paul McGivern reviews how the use of experts at trial has evolved over the years, and discusses recent developments in the law.
Author: Paul McGivern
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Causation – Application: The Difficulties Associated with Applying the “But For” Test
This is the sixth article in our 8 part series on medical malpractice litigation. In this article, we will demonstrate some examples of how the causation principles are applied in medical negligence cases.
Author: Paul McGivern and Lindsay McGivern
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Causation – Basic Principles: The Murky Waters of Causation in Medical Negligence
This is the fifth article in our 8 part series on medical malpractice litigation. Medical negligence is a particularly complicated area of the law, largely due to the need to establish causation. Motor vehicle accidents may have causation issues arising out of an argument about whether a particular injury was pre-existing or the result of the accident, but primary causation is relatively easy to establish: plaintiff was healthy, plaintiff was hit by a car, plaintiff is now injured. Medical negligence is rarely so clear cut. In this article we explore the complexities of causation in the medical malpractice realm.
Author: Lindsay McGivern and Paul McGivern
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