Mahsa Dabirian and Toby Samson featured in Canadian Lawyer article "Known complications can still be negligent"

In 2020, Bogoroch & Associates LLP argued a case wherein the plaintiff suffered damages to her bladder during a hysterectomy, requiring her to undergo seven repair surgeries. Despite bladder injury being a known complication of the procedure, the firm was successful in arguing at trial that the placement of sutures in Ms. Boutcher’s bladder was a result of negligence.

“The framing of the issue was absolutely critical: is bladder injury a known complication of a hysterectomy? Certainly, it is. But that does not mean the manner in which the procedure was conducted was okay,” says Toby Samson, partner at Bogoroch & Associates LLP and one of the lawyers for the plaintiff in Boutcher v. Cha. “The Canadian Medical Protective Association’s (CMPA) entire case was that the injury was a known complication, and thus defensible. While we agreed that a bladder injury is a known complication – we argued that the mechanism of how the injury occurred was negligence.”

In an upcoming webinar, Known Complications Can Still be Negligent, Samson is joined by fellow Bogoroch & Associates LLP partner Mahsa Dabirian in addressing the challenges of proving a medical malpractice claim where the poor outcome is considered a known complication of a procedure. 

Read the full Canadian Lawyer article.

Summary

Article Name

Mahsa Dabirian and Toby Samson featured in Canadian Lawyer article "Known complications can still be negligent"

Description

Toby Samson and Mahsa Dabirian address the challenges of proving a medical malpractice claim where the poor outcome is considered a known complication of a procedure. 

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Bogoroch & Associates LLP

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