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This is part 6 of our 8-part series on the anatomy of a medical negligence claim within which we review the following topics: The Doctor-Patient Relationship and Duty of Care (Verdict Issue 163 – Winter 2019) Consent (Verdict Issue 164 – Spring 2020) Standard of Care (Verdict Issue 165 – Summer 2020) Defences to a
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
This is the second article in an 8 part series published in the Verdict law journal on medical malpractice litigation. In this article Susanne Raab reviews the law of informed consent1, and how it has evolved over the years. INTRODUCTION The Supreme Court of Canada decisions of Hopp v. Lepp2 and Reibl v. Hughes3 marked
