In previous articles, we outlined the essential criteria in a medical negligence action including the requirements to prove a duty of care owed by the defendant to the patient, a breach of the standard of care on the part of the defendant and a causal link between the breach of the standard of care and the plaintiff’s injuries.
This is the fifth article in our 8 part series published in the Verdict law journal on medical malpractice litigation. In this article Lindsay McGivern and Paul McGivern discuss the complex issue of causation. If the defendant did not meet the expected standard of care, did that breach actually cause the plaintiff’s injuries? The history
This is the fourth article in our 8 part series published in the Verdict law journal on medical malpractice litigation. Even if a plaintiff has obtained some expert evidence critical of the defendant’s care, this will not necessarily lead to a finding of fault. In this article, Andrea Donaldson reviews a number of common defenses
This is the third article in our eight part series published in the Verdict law journal on medical malpractice litigation. The law does not expect health care professionals to provide the highest level of care, or to meet a gold standard in providing care. They are expected to exercise the reasonable degree of care that
More than 2 months have passed since the death of George Floyd. During this time, there have been efforts on an international scale to acknowledge racial injustice and reform systems which allow or encourage racism to persist. In healthcare, data from the CDC has revealed the startling differences between the risk of dying in pregnancy