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By Brenda Osmond |
In medical malpractice we rely on the integrity of medical records as the foundation for understanding our client’s case. As more clinicians and hospitals move toward electronic medical records, lawyers must know what kind of information is available from those records and how to access it. In the world of paper medical charts there is
By Andrea Donaldson |
Mustapha v. Culli-gan, 2008 SCC 27 involved a claim for mental injury after the plaintiff found a dead fly in a bottle of water supplied by the defendant, leading to depression, phobia and anxiety. In this case, the Supreme Court of Canada set out the framework for establishing a claim for mental injury: DID THE
By Andrea Donaldson |
The law of adverse inference allows the court, in certain circumstances, to presume that a party has failed to call a certain witness because that witness would not have helped the party’s case. In medical malpractice, as well as other injury litigation, adverse inferences are often sought against a plaintiff for failing to call his
By Lindsay McGivern |
The leading case in British Columbia regarding communication between counsel for the defendants and a plaintiff’s treating physicians is Swirski v Hachey. Swirski was a motor vehicle case in which the plaintiff alleged ongoing disabling injuries including a brain injury causing epileptic seizures. Defence counsel sought to informally interview the plaintiff’s four neurologists, at least some
By Andrea Donaldson |
Andrea Donaldson of Pacific Medical Law participated in the Scotiabank Charity Challenge on behalf of the Cerebral Palsy Association of BC at the Vancouver Half Marathon and 5k on June 24. Andrea (centre) is photographed here with CPABC Executive Director Feri Dehdar (right), and communications intern Ashley Moliere (left). Through fundraising efforts of everyone involved,