These are questions we are often asked by parents of children with cerebral palsy. They are questions rarely addressed by the child’s treating physicians. Answering these questions involves bringing together the medical opinions of a variety of different medical specialists who must each contribute their opinion on discrete areas of the medical care provided or
Medical Malpractice
Paul McGivern speaks at the American Association for Justice 2018 Conference
Paul McGivern was invited to speak to the Canadian Caucus of the American Association for Justice at their conference in Denver, Colorado on July 7, 2018. Paul provided the group with his approach to the initial intake and investigation of birth injury cases. He described the need to manage the risks inherent in these complicated
Causation in Medical Malpractice Actions
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
Electronic Medical Records – Behind the Screen
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
The Financial Burden of Medical Malpractice Lawsuits
Medical malpractice cases have a well-deserved reputation for being both very difficult and very expensive. In their book, A Practical Guide to Medical Malpractice Litigation, Judge Heather Lamoureaux and Brian Devlin, QC describe the field this way: The lawyer who seeks to successfully represent plaintiffs in the highly specialized field of medical negligence litigation must attain