Should medical malpractice cases be heard in front of a jury, or by judge alone? In this article Lindsay McGivern considers this question with examples from recent case law that illustrate some of the challenges and risks involved in having a complex case heard by a jury. Supreme Court Justice Claire L’Heureux-Dube called the jury
The Verdict - Law Journal
Does Failure to Disclose a Medical Error Amount to Liability?
The Verdict – Issue 170 / Fall 2021 This is the final article in our 8-part series on medical malpractice litigation published in the Verdict law journal. In this article Susanne Raab reviews the physicians’ obligation to disclose to their patients when a medical error occurs in the provision of their health care, and also
Expert Evidence – The New Normal
This is the seventh article in our 8-part series on medical malpractice litigation published in the Verdict law journal. In this article Paul McGivern reviews how the use of experts at trial has evolved over the years, and discusses recent developments in the law.
Causation – Application: The Difficulties Associated with Applying the “But For” Test
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.
Causation – Basic Principles: The Murky Waters of Causation in Medical Negligence
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