Contributory Negligence in Medical Malpractice Cases
Author: Brenda Osmond & Bob Kucheran
Download PDF
Adverse Inference – Failure to call a Physician
The law of adverse inference allows a court to presume that a court has not called a certain witness because that witness would not have helped the party’s case. In medical malpractice cases, an adverse inference is often sought against a plaintiff who fails to call his or her treating physician as a witness. This article discusses the factors a court will consider in determining whether to draw an adverse inference against a plaintiff in these circumstances.
Author: Andrea Donaldson and Susanne Raab
Download PDF
The question of medical negligence in British Columbia’s Cambridge affair
In the fall of 2017, the Cambridge physicians’ medical licences were cancelled on the basis that they had failed to meet the requirements for continued registration and licensure. Specifically, they had failed to pass the first of two required examinations designed to evaluate the physicians’ skills and medical knowledge, notwithstanding several failed attempts and several deadline extensions required for personal reasons.
Author: Susanne Raab
Download PDF
Failure to Mitigate
In tort actions a plaintiff who has suffered a loss due to negligence has a “duty to mitigate” the loss; the plaintiff cannot recover from the defendant damages which he could have avoided by taking reasonable steps.
Author: Brenda Osmond & Bob Kucheran
Download PDF
Swirski Interviews
Publication source: The Verdict, Issue 152 / Spring 2017Author: Lindsay McGivern
Download PDF
B.C. College of Physicians and Surgeons protects public by delisting uncertified doctors
Drs. Sean and Rosemarie Cambridge, two foreign-trained physicians, provided medical care to hundreds of patients in Chilliwack, B.C., under a provisional medical licence issued by the College of Physicians and Surgeons of B.C. During this period of time, the government paid the Cambridge physicians millions of dollars in fees, according to B.C.’s Medical Service Plan (MSP) billing records. In the fall of 2017, the Cambridge physicians’ medical licences were cancelled on the basis that they had failed to meet the requirements for continued registration and licensure.
Author: Susanne Raab
Download PDF