Summary Trials in Medical Malpractice Actions
Author: Andrea Donaldson & Lindsay McGivern
Does the Standard of Care Require a “Worst is First” Approach to Diagnosis?
Often medical malpractice lawsuits allege negligence related to making a diagnosis. Is the physician obliged to rule out the most urgent and life-threatening conditions, even if they are statistically unlikely, before arriving at more common and benign diagnosis? In this article Natalia reviews how two recent BC cases have approached this issue.
Author: Natalia Ivolgina
The Effective Use of Medical Literature
Medical literature can be used in medical malpractice litigation to build your case or undermine your opponent’s case. This article explores both the strategy and procedures necessary to get the most out of the use of medical literature.
Author: Lindsay McGivern & Susanne Raab
Establishing or Challenging the Standard of Care in the Medical Malpractice Context
In order to succeed in a medical malpractice case, a plaintiff must prove that the defendant breached the standard of care, that the plaintiff suffered an injury or loss, and that the negligence identified was the cause of the injury or loss. This article will review the law with respect to the standard of care and will provide some tips for counsel regarding how to establish or challenge an existing standard of care.
Author: Brenda Osmond & Paul McGivern
When Motor Vehicle Accidents and Medical Negligence Collide – Novus Actus Interveniens
This article discusses the defence of novus actus interveniens in the context of a health care provider as the intervening actor, and review a number of cases in which defendants have attempted to avoid liability through its use.
Author: Brenda Osmond & Natalia Ivolgina
Do ties always go to the defence?
In personal injury cases it is extremely rare for a court to find that the evidence on both sides of a case is truly evenly balanced. While a “tie” must always go to the defence, a true “tie” is unusual. This article will canvass the law related to the burden of proof, and how plaintiff’s counsel can prepare their case to ensure that the case is adjudicated on its merits, rather than on a technical determination of the burden of proof.
Author: Paul McGivern & Lindsay McGivern