Blog

August 31, 2016

Birth Injury: What’s In A Name?

The names can be pretty difficult: brachioplexus injury, hypoxic ischemic encephalopathy. These are medical names for injuries that occur at the time of birth. Some could not be prevented, but many are preventable and a result of negligence on the part of doctors or nurses. These injuries usually fall into […]
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 […]