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In two recent US trials, juries found that the plaintiffs’ cancer was caused by exposure to certain common chemicals. In August, a California jury ruled that the plaintiff’s non-Hodgkin’s lymphoma was caused by his exposure to glyphosate, a popular herbicide sold under the name “Roundup,” and ordered Monsanto, the manufacturer of the product, to pay
Proving that a defendant’s actions caused or contributed to the plaintiff’s injuries is an essential component of any medical negligence claim. In claims surrounding birth injuries, this often means proving that the defendant physician’s or nurse’s actions (or inactions) lead to oxygen deprivation around the time of birth, which resulted in a hypoxic-ischemic brain injury
To win a medical malpractice law suit the plaintiff must prove two things: that the health care providers did not meet the standard of care expected of them, and that the failure to meet the standard of care is what caused the plaintiff’s injuries. This second element is called “causation.” Causation is often the more
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
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
