Blog

August 31, 2016

Winning The Case Through Cross-Examination Of The Expert In Oral Discovery

Some Canadian jurisdictions historically have not permitted oral discovery of experts who are non-parties to the case. Newfoundland and Labrador is not one of those jurisdictions; our practice has included oral discovery of third party testifying experts since the oral discovery rule was introduced 30 years ago. Using medical malpractice cases […]
August 31, 2016

Malpractice Damages Clear $1 Million

A damages assessment released in July by the Supreme Court of Newfoundland and Labrador, Trial Division, enjoys the rare distinction of exceeding the $1 million level. The plaintiff in Courtney v. Cleary sued his family doctor for unreasonably delaying a diagnosis of throat cancer. The injuries suffered by the plaintiff, […]
August 31, 2016

Surgery: Making A List, Checking It Twice…

Performing surgery on the wrong site is, in my view, per se negligent and something that just should not happen. Wrong site surgery is easily avoided by following simple checklists: identify the patient; ask the patient to identify the intended site of surgery; mark the site; correlate the patient’s anatomy with […]
August 31, 2016

Patient-Centered Care Prevents Adverse Hospital Events

I was invited to attend a conference in Toronto on refocusing health care to be patient-centered.  The invitation was kind, but I have to wonder: What else should health care be centered on, if not the patient? That we need national conferences to refocus health care onto patients is an eloquent […]
August 31, 2016

Cerebral Palsy More Likely During Hospital Nightshift

A study published in the American Journal of Obstetrics and Gynecology has found a higher frequency of cerebral palsy in babies born during the nightshift. This confirms what I’ve noticed over the years in representing clients in birth injury cases in Newfoundland and Labrador. After examining medical charts for two million […]