Triware Technician

August 31, 2016

What Is the Newfoundland and Labrador Residential Schools Class Action About, and Why is it Different than in the Rest of Canada?

The Residential Schools Class Action is similar to residential schools class actions that were brought and settled through a global agreement with the Government of Canada and other bodies, like churches, back in 2007 when it was approved by courts across Canada. Native people living in Newfoundland and Labrador were excluded […]
August 31, 2016

Physician Competence? When Worlds Collide (Part 2)

Canadian physicians and surgeons on the one side, and the courts on the other side, are living on two separate planets. On Planet Law, there is no duty at civil law to be competent and to maintain competence, and not only is there no such duty of competence recognized at […]
August 31, 2016

Physician Competence? When Worlds Collide (Part 1)

Does a physician owe to patients a legal duty to be competent and to maintain competence, breach of which will entitle the patient to a remedy in money damages? Astonishingly, Canadian case authority says no:  Gay v. Regional Health Authority 7, 2012 NBQB 88 (CanLII). Not now, not ever. Contrast […]
August 31, 2016

A Solution for the Misdiagnosis Crisis

A new study conducted by the Ireland Medical School in Dublin examined sources of medical malpractice claims against family physicians based in Canada, the USA, UK, Australia, and France. The study reports that the primary source of medical malpractice claims is missed or delayed diagnosis of serious conditions. This new […]
August 31, 2016

Class Action Lawsuits: Instigating Change

One main goal of class action lawsuits is to initiate systematic changes that prevent more harm, error, negligence, and wrong doing from happening in the future. Two of my class action lawsuits in Newfoundland and Labrador include the Breast Cancer Testing Class Action, settled in 2005, and the Moose Class Action, dismissed. The victims in these […]