Archives for April 2018

We are very pleased to announce that both partners at Pacific Medical Law have been recognized as “Leading Practitioners” in the 2017 Canadian Legal Lexpert® Directory in medical malpractice. This designation is a significant acknowledgment of their expertise in this very specialized and complex area of law.

Susanne Raab has been selected as a leader in medical malpractice litigation by The Canadian Legal Lexpert® Directory and Best Lawyers in Canada. 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. Susanne has appeared before the Supreme Court of BC, and the Supreme Court of Canada. Prior to joining Pacific Medical Law, Susanne represented physicians in complex medical malpractice actions. Susanne serves as the Vice President of the Board of Directors of the Cerebral Palsy Association of BC, as well as on the Board of Governors of the Trial Lawyers Association of BC. She is also a member of BILA, the Birth Injury Lawyers Alliance.

Susanne is honored to have been invited to become a Fellow in the Litigation Counsel of America (the “LCA”).The LCA is a trial lawyer honorary society composed of less than one-half of one percent of lawyers in North America. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership. The number of Fellowships has been kept at an exclusive limit by design, allowing qualifications, diversity and inclusion to align effectively, with recognition of excellence in litigation across all segments of the bar. Fellows are generally at the partner or shareholder level, or are independent practitioners with recognized experience and accomplishment. In addition, the LCA is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows.

The December 9, 2016 issue of Lawyers Weekly reported on Benhaim v St. Germain2016 SCC 48, a recent decision of the Supreme Court of Canada which upholds the long-held principle that causation does not have to be proven with scientific certainty. In commenting on this case, Paul McGivern noted that this decision follows three recent Supreme Court cases that have attempted to maintain a level playing field between plaintiff and defendant by not overly stressing scientific evidence, while keeping the burden of proof with the plaintiff. One of those three cases was Ediger v Johnston 2013 SCC 18, in which Paul McGivern was co-counsel for the successful appellant.

On Friday, December 2, 2016 Susanne Raab was an invited speaker at the Trial Lawyers Association of BC Medical Legal conference on Secondary and Delayed Syndromes in the Medical-Legal Narrative. Susanne discussed “Claims for Nervous Shock – Advances in the Law and Medicine”. Her presentation dovetailed with the presentation of Dr. Rob Tarzwell, a specialist in both psychiatry and nuclear medicine who is involved with the ground breaking research using SPECT imaging to differentiate between traumatic brain injuries and post-traumatic stress disorder in patients.

The conference was attended by over 100 medical professionals and lawyers, and Susanne’s presentation was well received and stimulated questions and discussion from the audience.