Publications

The transparency the legislation is intended to promote hasn’t always materialized Although the purpose of the Quality of Care Information Protection Act (QCIPA) is to encourage openness in discussions surrounding critical incidents so they can be prevented in the future,…

Issues surrounding the timeframe within which an action must be commenced can be perplexing for any civil litigator but are frequently encountered in the context of medical malpractice cases.  Injured adults generally have two years to start an action from…

Evidence of “usual or invariable practice” in the context of medical malpractice cases frequently provides physicians with a significant advantage at trial. Physicians who have no specific recollection of their dealings with a patient are entitled to testify as to…

Proving a surgical complication arose as a result of negligence is among the steepest of uphill climbs a plaintiff can face. Commonly accepted sources of evidence give physicians a significant advantage and the potentially risky nature of all surgical procedures…

The COVID-19 pandemic could cause large losses for liability insurers covering nursing homes and long-term care facilities, and therefore further tightening of rates, a Canadian managing general agent predicts. “There are a lot of exposures in the business,” Stephen Stewart,…

It is important that family members and healthcare professionals understand the potential issues that elderly residents may face and the standards that Homes must adhere to pursuant to the LTCHA and Regulation. Family members are encouraged to bring their concerns…

We might be thinking about informed consent all wrong.

According to Toby Samson, an Associate and a member of the medical malpractice group at Bogoroch & Associates LLP, lawyers and the courts have focused on risk in the conversations around whether informed consent was given by a physician ahead…

Medical malpractice suits emerging from surgical complications can be nightmarish to pursue. The line between a complication and a negligent error is hard to prove in Canada. A leading medical malpractice firm is pushing for a solution though, by taking…