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Paul McGivern speaks at the American Association for Justice 2018 Conference

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Paul McGivern was invited to speak to the Canadian Caucus of the American Association for Justice at their conference in Denver, Colorado on July 7, 2018.  Paul provided the group with his approach to the initial intake and investigation of birth injury cases. He described the need to manage the risks inherent in these complicated cases by using a systematic approach that front-loads the necessary investigation and analysis.

Paul’s comments covered a range of topics, including the initial collection and review of records, retaining and instructing experts, and anticipating and preparing for defences that may be advanced.  Paul’s experience and expertise ensured that his talk was full of practical advice to assist lawyers in their management of these complex cases, and his insight and guidance were well-received by the members of the Canadian Caucus.

 

Susanne Raab again recognized by Best Lawyers™ in Canada for 2019

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Pacific Medical Law is pleased to announce that Susanne Raab has once again been recognized as a leader in Medical Negligence law, through selection by her peers for inclusion in The Best Lawyers in Canada 2019.  Susanne is a Partner at Pacific Medical Law, and an advocate for people living with disabilities.

Susanne’s practice focuses on representing individuals and families who have suffered injuries as a result of medical malpractice, with a focus on birth injuries and catastrophic brain and spinal cord injuries. Prior to joining Pacific Medical Law, Susanne spent much of her legal career representing physicians in complex medical malpractice actions. This has given her unique insight into the potential risks and legal hurdles involved in medical malpractice actions. It also helps her to be proactive in overcoming or minimizing those risks.

Susanne’s full Best Lawyers bio can be viewed here.

Paul McGivern receives double recognition from Best Lawyers™ in Canada for 2019

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Congratulations to Paul McGivern for having once again been recognized by his peers for inclusion in Best Lawyers in Canada 2019 in the fields of Medical Negligence and Personal Injury litigation.  Paul was included in the inaugural Canadian issue in 2007, and has been named every year since.

Paul McGivern has also been named the Best Lawyers 2019 Medical Negligence “Lawyer of the Year” for Vancouver.  This is the second time in four years that Paul’s accomplishments and expertise have earned him recognition as Lawyer of the Year. Best Lawyers is regarded by both the profession and the public as the definitive guide to legal excellence.  It is the oldest and most highly-respected peer review guide to the legal profession worldwide.

Paul’s full Best Lawyers bio can be viewed here.

Susanne Raab featured in the Verdict

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Susanne Raab serves on a number of boards and committees including the Board of Governors of the Trial Lawyers Association of British Columbia, which is committed to improving access to justice for all British Columbians. As a result of her involvement with the Trial Lawyers Association of British Columbia, she has recently been featured in the Summer 2018 issue of the Verdict. In it, she talks about how she chose medical negligence, how she stays motivated, and provides advice for other young lawyers.

How did you choose medical negligence as your practice area?

The idea of “loving your work” or “finding your true calling” is an elusive idea that I never put much stock into, until it happened me – largely as a result of a series of fortunate events in my life. I went through the first half of law school relatively disinterested in most of what I was studying. Largely to combat the general malaise that was beginning to set in, I decided to go on an exchange to the University of South Australia. During my exchange term, I took a course in medical law and ethics taught by a particularly inspirational instructor. I was hooked. When I returned to British Columbia, I immediately set out to persuade the law firm of Harper Grey Easton (as it then was) to hire me, as this firm did the majority of the defence work for physicians in British Columbia, and had an excellent reputation. I was fortunate enough to be hired and to spend the next several years of my career working alongside and learning from some of the very best medical malpractice lawyers in the country.

After having children, I decided to shift my practice from representing physicians to representing injured patients and their families. In 2011, I was given the opportunity to join Paul McGivern at Pacific Medical Law where I now practice, together with a team of talented and dedicated lawyers. This firm is unique in that it is the only firm in the province that focuses solely on plaintiff side medical negligence work. Our bookshelves have more medical texts than legal ones, and we spend more time at medical conferences than legal conferences. It is a perfect fit. Being able to focus solely on medical negligence is a huge advantage, and I feel very fortunate that I am able to do so.

How do you stay motivated to do the type of work you do?

Most of my clients are infants who suffered brain injuries around the time of birth as a result of medical negligence, and are diagnosed with cerebral palsy as a result. I also spend a great deal of my time with children who have cerebral palsy and their families in my volunteer position as President of the Board and Chair of the Advisory Committee of the Cerebral Palsy Association of BC. I have sat in the living rooms of countless families of children living with cerebral palsy and heard their accounts of tireless uphill battles with no or little support from the community. As a parent of young children myself, these conversations leave me feeling both humbled and inspired by the resilience and determination of these parents who are navigating a difficult road for their child. To make a difference in the lives of these families, to provide the resources necessary to keep these children safe and to give them a chance to reach their full potential, is what motivates me.

I am also motivated to do what I can to improve patient safety in our communities. Part of my practice involves providing pro bono legal services to parents who have lost a child around the time of birth. These parents arrive at the hospital full of anticipation and promise, and leave with empty car seats and unanswered questions. Losing a child is truly one of the most devastating tragedies that can befall anyone. I assist these families with navigating the process to obtain some real answers. Without this, they cannot move on. While these answers and apologies will not bring their child back, these parents always tell me they need to go through the process to do what they can to ensure the same tragedy does not occur to another baby. Through this process, we have been able to institute improved obstetrical training among physicians and nurses, and have helped shed light and recognition on where safety in obstetrical care can be improved. This motivates me.

It is also helpful that medical malpractice litigation is never dull. The medicine is complex and constantly evolving, counsel retained by physicians and hospitals in British Columbia are highly specialized and skilled and have virtually limitless resources to defend their clients, the stakes are high, and the statistics in terms of success are most certainly not in the plaintiff’s favour. This creates an environment which is intensely challenging and offers plenty of opportunities to go to court. There is truly never a dull moment in medical malpractice litigation.

What advice would you give a young lawyer just starting out?

I teach the medical negligence course at the law school at UBC and have been a visiting instructor at the medical school at UBC. Honestly, these students seem so much smarter and wiser than I ever was in University. In my view, the most important message to these students is that by the time they have graduated, they have demonstrated that they are smart enough to do whatever they choose. The key to a successful career as a lawyer is finding an area of law that you are truly passionate about. I would add that one should measure success by one’s own values and standards – for some it will be measured by monetary reward, for others the intrinsic satisfaction of making a difference or achieving a desired lifestyle, and for most, some unique combination of these factors.

Why is being a member of the TLABC important to you?

TLABC has gone through tremendous growth and evolution over the past few decades. I joined the Board of Governors a few years ago and continue to be impressed by the high level of vigorous debate around the table at board meetings. The board is full of incredibly dedicated and committed lawyers who spend countless (and thankless) hours working behind the scenes toward improving access to justice. The publications, list serves and continuing legal education conferences not only provide useful information for trial lawyers, but serve an even more important function, and that is to provide a community for sharing knowledge, experiences and resources. It is a mistake to keep your head down and work in a silo. In order to practice competently, and enjoy your work, you must connect with your peers. The TLABC provides a forum to facilitate this connectedness.

This piece was originally posted in the Verdict. You can read the PDF here.

Pacific Medical Law – Making a Difference in the Lives of People Living with Cerebral Palsy

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From: Cerebral Palsy Association of BC Newsletter, May 25, 2016

(Photo: Susanne Raab and Paul McGivern with CPABC’s Executive Director Feri Dehdar and President Andy Yu at the Life Without Limits Gala 2016.) 

Ms. Raab and Mr. McGivern made a commitment to do their part to improve the lives of all people living with cerebral palsy in British Columbia. They reached out to the Cerebral Palsy Association of BC and asked them how they could help, and have responded to the various needs identified.

Passion with purpose

Susanne Raab is a lawyer at Pacific Medical Law who also serves as the Vice-President of the Board of the Cerebral Palsy Association of British Columbia, as well as Chair of the Advisory and Fundraising Committees. She explains that while most of her law practice involves helping children who live with cerebral palsy, she wanted to do even more to help children living with CP outside her practice. Her work gives her some understanding of the many difficulties facing families who have a child with cerebral palsy, as it impacts every member of the family. Parents spend a disproportionate amount of time and energy having to advocate at every corner for the most basic services. This not only takes time away from other family members, it often makes it difficult (at best) for the families to remain together. “The public system simply doesn’t provide enough support and funding, and important things which are integral in the life of a child like recreation, activities and camps are considered extras by the public system and accordingly not funded adequately, or at all, but they are important to a child’s life,” she states.

Paul McGivern , Ms. Raab’s partner at Pacific Medical Law and also a member of the Advisory Committee of the Cerebral Palsy Association of BC, echoes these sentiments. “Many parents tell us how hard it is to get what they need for their child and it is an ongoing battle. What we have tried to focus on doing in the course of our practice obviously is to maximize the resources available to the families, and outside the scope of our practice we try to contribute what we can to make life easier.”

Collaborating with CPABC

Ms. Raab and Mr. McGivern made a commitment to do their part to improve the lives of all people living with cerebral palsy in British Columbia. They reached out to the Cerebral Palsy Association of BC and asked them how they could help, and have responded to the various needs identified.

Over the years, Pacific Medical Law has supported the Cerebral Palsy Association of BC by contributing their time, ideas and resources to the organization. For example, Pacific Medical Law has committed to providing $10,000 annually for the post-secondary school bursary program provided by the Cerebral Palsy Association to young adults living with cerebral palsy, to help subsidize the costs associated with educational programs. In addition to their involvement on the Board and with the Advisory Committee, Pacific Medical Law also provides support for the Cerebral Palsy Association’s grant applications, supervises various programs which require legal oversight, and enthusiastically participates in their fundraising activities, including September, for which they were awarded the top fundraising organization in Canada in the past.

Pacific Medical Law also created a bursary program called the Janna Epp Bursary for Children Living with Cerebral Palsy in British Columbia in honour of a little girl named Janna who unfortunately passed away at a very young age. The bursary provides $5,000 annually to a family with a child living with cerebral palsy to assist with that child’s care, therapy, equipment and/or recreational needs. Every year Janna’s mother selects the recipient of the bursary. In past years, the bursary has been awarded to a little girl named Leila to help her family try Feldenkrais therapy and the Squiggles postural support system to keep Leila safe and comfortable when she is exploring her surroundings, and to a little boy named Owen who wanted to have an adapted bicycle so he could go riding with his brother. These are two examples of how a little help can go a long way in helping to create a Life Without Limits for children living with cerebral palsy.

Ms. Raab feels that the Association is an essential component in helping improve the lives of people living with cerebral palsy and other disabilities through providing programs such as dance, yoga and art and focusing on social awareness too. “What the Association does with the limited funds that they have is remarkable, the people who work there are unbelievable,” she said. “What they are able to achieve and the amount of programs that they are currently running that have been developed and implemented in the last few years is so positive and the families who participate in those programs have nothing but really positive things to say about them.” The Association offers a wide range of programs to people living with cerebral palsy, from Pre-Employment training to a campership subsidy with the goal of helping integrate people with disabilities into society and to enjoy a Life Without Limits, and also hosts awareness and fundraising events throughout the year.

What Needs To Be Done

Cerebral palsy affects each person differently. It ranges from the very mild to the very severe and as a result, publicly and privately available resources are allocated appropriately, depending on the level of disability. Mr. McGivern believes a major issue to be addressed is the focus on societal awareness and, in particular, recognition of barriers so people who face them can have them removed. An example would be adjusting the curbs on the sidewalks to make them wheelchair accessible. That took a long time coming and way longer than it should have taken – in Vancouver, curb ramps have been gradually installed since the 1960’s, and are still not complete. Another example provided by Mr. McGivern involved a case that the law firm handled a number of years ago. They acted for a family who originated from Romania. The evidence showed that anyone from Romania who had a disability had to be hidden from the public and couldn’t be seen at all, and it really stood out in his mind that this type of behaviour is still happening. “Our society has moved way beyond that but there is still a long way to go in terms of the recognition in society as a whole that these barriers exist and what is required to break them down”, says Mr. McGivern.

“There are physical barriers that need to be looked at and there are educational barriers. There are emotional barriers. This requires awareness, acceptance and the recognition of the fact that people with cerebral palsy are just like everybody else – we are all citizens of this country and we all deserve the same opportunities.”

In short, there has been a lot done in terms of advancement, but society needs to advance more. The problem is, at least in part, a lack of understanding. Ms. Raab used a personal example of getting a motivational speaker living with cerebral palsy from Nanaimo, BC to come speak to her children and other students at their school since there were no students there with a visible disability. She stated that integration within the school system is critical in developing an understanding of the various needs and abilities of people living with cerebral palsy and other disabilities. She feels that school integration has come a long way in helping with that.

“I think that society has become quite accepting of various individuals with special needs but where we have a long way to go is to make our communities accessible, reduce barriers and provide greater opportunities for people living with cerebral palsy to participate in our communities in a meaningful way” says Ms. Raab.

Cerebral palsy affects over 10,000 people in BC and is considered the most common childhood physical disability. It is estimated that one in every 500 babies and up to one in three low birth weight babies are affected to some extent. Cerebral palsy affects body movement and muscle coordination. It may impact mobility, speech, or motor skills, but each person is affected differently. Through their insight and support, Pacific Medical Law is helping to make a Life Without Limits for people living with cerebral palsy in British Columbia. The Cerebral Palsy Association of BC is grateful for their philanthropy, community service, kindness and understanding. We wish them the best for their continued success.

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