Archives for September 2013

Cerebral Palsy Association of BC – A New Board of Directors and a New Year of Initiatives

Friday, September 27, 2013 By Admin

I have the great privilege of continuing to serve on the Board of Directors of the Cerebral Palsy Association of BC in the capacity of Vice President of the Board, for the 2013-2015 term.

Over the past year the Association succeeded in raising awareness of the important issues that affect the lives of people with cerebral palsy and their families, and providing advocacy assistance, support and grants to the people who need it most. Most recently, we were proud to have provided scholarships for post-secondary education to 10 students with cerebral palsy. We also provided grants to 12 children with cerebral palsy to attend summer camp. In addition, we recently launched our dance and yoga programs for children with cerebral palsy, as well as our popular Community Connection Series.

For the coming year we have a number of ambitious goals. We plan to improve our outreach, continue to raise awareness of cerebral palsy and add to the services and support we provide. Our goal is to reach out far and wide to make meaningful contributions to the lives of as many people with cerebral palsy as possible.

If you have any suggestions on how we could support someone you know living with cerebral palsy, we would love to hear from you! If you would like to contribute to our organization, either by making a donation or volunteering please contact us. Check out our website at www.bccerebralpalsy.com

How Often do Hospitals Make Mistakes that Harm Patients?

Monday, September 23, 2013 By Admin

We get a number of calls in our office from patients (or their family members) who have suffered injuries during their hospital admission which have caused them significant disabilities, or in some cases, death. How often does this occur and what causes these injuries? New reporting requirements in Ontario aim to shed light on this serious issue.

Hospitals in Ontario have been directed to report critical incidents involving medications and intravenous fluids to the Canadian Institute for Health Information National System for Incident Reporting. In issuing the directive, the Ontario Ministry of Health and Long-Term Care aims to minimize and prevent harmful medication incidents. The first annual report, issued in May of 2013, indicated that there were 36 critical incidents reported in that year. These critical incidents contributed to the death of 10 patients and left 26 patients with serious injuries.

What are the primary causes of these injuries to patients during hospitalization? The data reveals that the top medications that contributed to severe harm or deaths included opioids, heparin, norepinephrine and oxytocin. The factors that contributed to opioid overdose included pump or infusion rate issues, confusion over multiple dosage formats and knowledge deficits related to prescribing practices. In contrast, mix-ups involving oxytocin were due to similar looking packaging of IV bags and syringes being present in the obstetric suite. Other top contributing factors were communication, drug product confusions and distractions/frequent interruptions.

The results of this analysis have prompted the development of presentations and publications made available to health-care workers in Ontario. These educational efforts provide recommendations for system safeguards to prevent a recurrence of the problem and try to improve both the quantity and quality of the critical incident reporting.

According to the National Post, only Saskatchewan, Manitoba and Quebec have similar mandates for hospitals to report critical incidents, and Manitoba is the only other province that releases their results publicly.

The fact that only 36 critical incidents were reported over the course of one year may be due to under-reporting in this recently instituted program. It may also reflect the fact that although errors in health care occur from time to time, very few of them meet the criteria of a “critical incident” – that is to say very few result in death, or serious disability, injury or harm.

Read the full report here: Select

Read the National Post news article here: Select

September – An Initiative to Raise Awareness and Funds for People Living with Cerebral Palsy

Tuesday, September 17, 2013 By Admin

As we announced some time ago, throughout the month of September a team of lawyers at Pacific Medical Law is participating in a global fundraising and public awareness initiative for individuals living with cerebral palsy. In response to the “The September Challenge” we have each committed to taking 10,000 steps a day, and raising funds for this very worthy cause.

We are about half way through the month so I thought I’d provide a brief update on our progress:

So far Pacific Medical Law has collectively raised over $4,500 for the Cerebral Palsy Association of BC – that puts us #1 in Canada for funds raised! We have also collectively taken the equivalent of 692,293 steps. Check out the leaderboard.

There is no cure for cerebral palsy. Children with cerebral palsy have great potential. In order to give them the chance to overcome their challenges and limitations and to live life to the fullest, they need financial assistance for the various therapies, equipment and support they require. We are committed to helping these children and their families. You can help too by making a donation: simply click HERE And thank you very much!

5 Common Myths about Medical Malpractice Lawsuits

Monday, September 9, 2013 By Admin

I began practicing medical malpractice law well over a decade ago, and over the years I have spoken with hundreds of people about potential lawsuits against doctors.

During this time, I have consistently encountered the following misconceptions about medical malpractice:

Myth #1 – Doctors are too powerful to sue. This is one of the most prevalent myths. While it is true that successfully suing a doctor is difficult, it can be done.

Here are the facts. Almost all of the doctors in Canada belong to the Canadian Medical Protective Association (the “CMPA”), a very sophisticated and well-resourced organization. The CMPA’s primary function is the protection of its members’ professional integrity. There are currently 86,000 doctors who are members of the CMPA, and it has financial assets of over $2.5 Billion. If a lawsuit is commenced against one of its members, the CMPA pays for the doctor’s defence costs (i.e. lawyer’s fees, expert’s fees and other expenses) as well as any settlement or judgment that results from a lawsuit.

In order to succeed with a medical malpractice lawsuit, it is critical that you retain lawyers experienced with medical malpractice lawsuits who have the resources and expertise necessary to prove your case. Starting a lawsuit with the hope that the physician will simply settle the claim to make it go away is foolhardy.

Myth #2 – Doctors all stick together. There is some truth to this. Many physicians are simply not prepared to testify against other physicians, especially within certain specialties or within certain communities.

This challenge can be overcome, however, by retaining experienced medical malpractice lawyers who are well respected in the field and have access to credible and objective experts who are prepared to testify against other doctors. Such experts are absolutely essential in order to be successful in a medical malpractice case. This is one of the most valuable resources an experienced medical malpractice lawyer can provide.

Myth #3 – Damages for pain and suffering are in the millions. This is a misconception that arises primarily from cases south of the border. In Canada, the compensation available to an injured plaintiff for pain and suffering, often referred to as “loss of enjoyment of life”, has been significantly limited by the Supreme Court of Canada. In 1978, the Supreme Court of Canada considered this issue in a series of cases, often referred to as the “trilogy”, and held that the maximum amount of money an injured plaintiff could receive for “pain and suffering” was $100,000. That amount has gradually increased over time to keep up with inflation, and is currently at approximately $350,000.

It is important to understand that this limit does not apply to other categories of damages, such as loss of income earning capacity and cost of care. These categories are not limited, and in the cases we prosecute, frequently result in awards in the millions.

Myth #4 – I have nothing to lose by starting a lawsuit. This is simply not true. The CMPA’s primary function is the protection of its members’ professional integrity. It vigorously defends all lawsuits brought against its members.

What this means is that the CMPA will not settle any lawsuit unless the plaintiff can prove (usually through expert evidence) that the doctor was negligent, and that it was the doctor’s negligence that caused the plaintiff’s injuries. This can be a difficult test to meet. The result is that over 60% of all lawsuits brought against doctors across the country (excluding Ontario and Quebec) are unsuccessful. Of those lawsuits that go to trial, 86% are unsuccessful. This has significant financial implications for plaintiffs.

If you start a lawsuit and lose following trial, you will be responsible for both the expenses your lawyer has incurred in prosecuting the case, depending on the terms of your retainer agreement with your lawyer, as well as the defendant physician’s costs and disbursements. This could amount to a significant sum of money.

In order to manage this risk, it is critical that before starting a lawsuit against a doctor, and again at key phases of the lawsuit, you and your lawyer carefully consider the strength of the case in relation to these financial risks.

Myth #5 – I am entitled to substantial compensation if a family member dies as a result of medical malpractice. Unfortunately, the legislation which deals with wrongful death in British Columbia, namely the Family Compensation Act, is outdated, inadequate and in desperate need of reform. I have responded to countless calls from grieving individuals who believe their spouse, parent or child died as a consequence of medical malpractice. Unless the deceased family member provided significant financial support or household/childcare services to the family, the individual is unlikely to receive sufficient compensation to make the costs and risk of a medical malpractice case worthwhile.

Pacific Medical Law Donates $10,000 to Cerebral Palsy Association

Tuesday, September 3, 2013 By Admin

Pictured: Paul McGivern , Partner, Pacific Medical Law & Feri Dehdar, Executive Director, Cerebral Palsy Association of British Columbia

Pacific Medical Law donated $10,000 to support the Cerebral Palsy Association of British Columbia. These funds will go toward a variety of valuable services including providing bursaries for post-secondary school and summer camp, and supporting two new exciting programs being launched this year: dance and yoga for children with cerebral palsy.

At Pacific Medical Law, we have worked with numerous children living with cerebral palsy and their families. We have seen first-hand the challenges these families face on a daily basis, and understand their needs. We have also witnessed the remarkable resilience and strength these families demonstrate in the face of their struggles.

Families tell us about the tremendous benefit that legal settlements provide in terms of giving their child the best chance to achieve their full potential as well as easing the caregiving burden on the family as a whole. Unfortunately, many families will never receive a legal settlement. These families deserve our support. We are committed to helping these families by supporting the Cerebral Palsy Association of BC.