December 6th, 2011
In this heart surgery medical malpractice case(Dosanjh v. Leblanc and St. Paul’s Hospital,2011 BCSC 1660) the claimant alleges suffering a stroke resulted in permanent physical and cognitive disabilities after open heart surgery to repair a hole in his heart. The claimant sued the doctor, nurse, technician, and hospital alleging an air embolism was allowed to enter the plaintiff’s blood stream thereby causing a stroke.
the lawyer’s for the hospital wrote to the personal injury claimant’s lawyer demanding, under Rule 7-1(11), the claimant provide documents from the injury claimant’s hard drive, social media accounts, iPhone and digital camera that relate to matters in question in the litigation, including the claimant’s health, mental state and her ability to be employed. The insurance company lawyers were seeking an order that the claimant not delete any content from her Facebook and Twitter profiles, including wall posts, news feeds, profile information, friend lists and photo album contents.
The Court dismissed the request citing the new test for production of a document and also took into account the issue of privacy in the context of personal injury litigation. With respect to the test for production of documents the court found, Read the rest of this entry »
Tags: British Columbia Lawyers, Document Discovery, Facebook disclosure, Malpractice, New Civil Court Rules, Pain and Suffering, Personal Injury lawyer, Personal Injury Lawyers
Posted in Brain Injury, British Columbia Lawyers, Injury Attorneys, Insurance Claim in British Columbia, Malpractice, Personal Injury Lawyers BC, Vancouver Personal Injury Lawyer | 2 Comments »
June 5th, 2011
Brain Injured Infant
In this unfortunate medical malpractice infant case (Ediger v. Johnston,2011 BCCA 253) the trial judge initially found that the surgeon had breached the standard of care and failed to obtain the injury claimant’s informed consent to the procedure, but the Court of Appeal disagreed and dismissed the claim.
The surgeon successfully appealed on the issue of causation claiming that he did nothing to cause the brain damage suffered during the delivery of the infant injury claimant. Compression of the umbilical cord caused damage to her central nervous system about 20 minutes before her birth. The effect of the cord compression was to cut off the exchange of blood and oxygen from the placenta to her brain and upon delivery she was non-responsive and severely brain damaged. Her injuries are catastrophic and irreversible; they have significantly shortened her life expectancy.
The trial judge found that a mid-level forceps delivery was a high risk procedure and that, before attempting the procedure, surgeon should have advised the litigation guardian of its benefits and risks along with the benefits and risks of any alternative procedure, including a Caesarean section.
The Court of Appeal overturned the the finding of causation in a dramatic three judge panel stating: Read the rest of this entry »
Tags: At Fault, Legal advice, Legal Causation, Negligence
Posted in Brain Injury, Malpractice, Traumatic Brain Injury | No Comments »
May 13th, 2011
Medical Malpractice Costs
In this Vancouver medical malpractice lawsuit (Fairchild v. Vancouver Coastal Health Authority, 2011 BCSC 616 ) the injury claimant settled the day before a 10 day trial for some $200,000 plus costs and disbursements.
The claimant fell while skiing at Whistler, British Columbia, fractured her leg and was taken to a clinic in Whistler. She was discharged from the clinic and sent to VGH where she had surgery the next day. The day following the surgery the claimant complained of pain in the leg that she had fractured and which was subsequently operated on. That complaint was noted in her chart but inadequate follow-up was done. The Claimant went on to develop a compartment syndrome which then required further surgery to remove dead tissue for her leg.
As a result of the compartment syndrome and resulting surgery the claimant suffered a permanent partial disability in the form of a dropped foot and a left big toe drop. She also had scarring and unsightliness in her left leg. the defendants made a partial admission of fault before finally settling the case.
This medical malpractice lawsuit was based on the claim that had adequate care been taken she would not have developed compartment syndrome, or it could have been diagnosed and treated sooner, and the further surgery would not likely have been necessary.
In this assessment of costs Registrar Sainty stated, “In my view, in deciding the proper number of units to award in respect of each tariff item, I must compare this case with all of the other cases that come before the court and decide where it fits in the spectrum of them. Was it a simple, straightforward (i.e. “run of the mill”) case; or was it litigation involving numerous parties, extensive legal issues, numerous experts and involving large sums of money?”
In awarding disbursements, the expenses of presenting the case, the Registrar relied on her own experience in matters of a like nature when the affidavit evidence was lacking. The Registrar also commented on the principle of proportionality our our Civil Rules stating: Read the rest of this entry »
Tags: At Fault, Costs, disbursements, Medical Examination, Negligence, New Civil Court Rules, Proportionality
Posted in Limb Injury, Malpractice | No Comments »
March 8th, 2011
This dental injury claim in BC involves three lawsuits alleging injury due to negligent dental treatment. This was an appeal from an order of a Master dismissing the injury claim. The dismissal was based on the claimant’s failure to submit for a second time to a medical examination and, more generally, on want of prosecution pursuant to Rule 22‑7(7).
Judge N. Smith commented that, “if a person is unable to deal expeditiously or efficiently with an action because of the very injury that is alleged to have given rise to the cause of action, it would be unfair to permit the defendants to take advantage of that infirmity.”
Dismissal for want of prosecution is a Draconian order that will not lightly made by our BC courts. The court appears to have adopted the English authority, Allen v. Sir Alfred McAlpine & Sons Ltd., [1968] 2 Q.B. 229, where C.J. Diplock said: Read the rest of this entry »
Tags: Delay, dental negligence, excusable delay, Medical Examination, Negligence, New Civil Court Rules
Posted in Insurance Claim in British Columbia, Malpractice | 1 Comment »
February 23rd, 2011
This psychological injury car accident lawsuit ( Deros v. McCauley,2011 BCSC 195) was brought by a witness to a car accident. The accident occurred on Highway 97, north of Bear Lake, B.C. the claimant was part of a crew installing rumble strips on the highway. The injury claimant said that, as a result of witnessing the accident in which a vehicle struck a grinder unit being driven by his friend, he suffered emotional upset and post traumatic stress syndrome ( PTSD ). The claimants friend was not seriously injured in the motor vehicle accident.
The injury claimant said his prior emotional issues made him vulnerable to psychological injury, a classic thin skull doctrine argument. The court seems to have denied that argument outright not just on the evidence but on the law. As Judge Gerow stated at para 17,
“In order to show that the damage suffered is not too remote to be viewed as legally caused by Mr. McCauley’s negligence, Mr. Deros must show that it was foreseeable that a person of ordinary fortitude would suffer a mental injury from witnessing the accident. He has failed to do so.”
In effect the Judge appears not to apply the thin skull doctrine legal analysis to the facts of this case. As a personal injury lawyer making a psychological injury claim I succeeded in getting an award for a claimant in a car accident where the claimant was not even witness to the accident or injuries. Read the rest of this entry »
Tags: Car Accident Claim, Legal Causation, Negligence, Personal Injury, psychiatric injury
Posted in How Much Money Will I Get?, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Malpractice, Motor Vehicle Accidents, Slip and Fall | 1 Comment »
February 15th, 2011
An Injury claim against ICBC or other insurance companies can become confusing, complex and potentially risky. You may know someone going through the stress of being injured in a car accident trying to deal with the insurance company on their own. Here is a checklist of a few important car accident claim hints for people trying to help injured friends or family.
1. If there is a question of fault ensure that there is an investigation into the circumstances of the accident. depending on the facts of the case a personal injury lawyer may deem it appropriate to hire investigators, engineers or accident reconstruction experts. Suggest that the claimant speak to a lawyer for a no charge consultation. Your friend or family member may be too injured or emotional to deal with the insurance company without the protection of a lawyer. Ensure you are present at any meetings and record notes and document any agreements ICBC has made to pay benefits.
2. If your family member or friend has a prior medical condition make sure that the health care providers treating the claimant for the accident injury are aware of the claimants prior medical history. You may have to complete appropriate consent and authorization forms so, again, speak to a lawyer.
3. Make sure the car accident details and injuries are reported immediately to ICBC and any other insurance companies involved in the claim. You may want to consider filing an ICBC dial-a-claim report on behalf of the injury claimant or helping them make the call.
There are other time limitations when it comes to filing an ICBC injury claim or suing the at fault driver. You should seriously consider accompanying your mom, dad, or friend to the initial lawyer meeting and assist in gathering all the important documentation for the meeting.
Explore our site and read about how to hire personal injury lawyers and many other topics. Lastly, I have been a personal injury lawyer in Vancouver since 1995, and would suggest you call a lawyer for a no charge legal consultation. Posted by Mr. Renn A. Holness
Tags: British Columbia Lawyers, Car accident lawyer, Find Lawyers, ICBC Injury claim, ICBC Lawyers, Law Firm Personal Injury, Lawyer Vancouver, Legal advice, Personal Injury lawyer, Personal Injury Lawyers
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Insurance Claims, ICBC Lawyers, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Injury Attorneys, Insurance Claim in British Columbia, Legal Advice, Malpractice, Motor Vehicle Accidents, Personal Injury Lawyers BC, Slip and Fall, Vancouver Personal Injury Lawyer | 1 Comment »
February 10th, 2011
I learned years ago as a young lawyer that the best interest of clients is the heart of any personal injury law practice. In this post I want to present a short ethical checklist to help you find the right legal advocate for your injury case. There are ethical obligations placed on lawyers in British Columbia when it comes to representing people in personal injury claims. Here is a checklist of three of the top ethical obligations:
- As a general principle, a lawyer has a duty to give undivided loyalty to every client;
- A lawyer must not perform any legal services for a client if the lawyer has a direct or indirect financial interest in the subject matter of the legal services. There are some excepts to this rule; and
- Unless the transaction is of a routine nature to and in the ordinary course of business of the client, a lawyer must not borrow money or obtain credit from a client of the lawyer’s firm, or obtain a benefit from any security or guarantee given by such a client.
There are other ethical and legal obligations imposed upon personal injury lawyers to ensure that the Public receives the best legal advice possible in our Province. I have provided tips before on how to find a car accident lawyer for ICBC and other injury claims and would invite you to read more about the subject. Posted by Mr. Renn A. Holness
Tags: British Columbia Lawyers, Find Lawyers, Lawyers in BC, Legal advice, Personal Injury lawyer, Personal Injury Lawyers
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Lawyers, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Injury Attorneys, Legal Advice, Malpractice, Motor Vehicle Accidents, Personal Injury Lawyers BC, Slip and Fall, Vancouver Personal Injury Lawyer | No Comments »
February 8th, 2011
Hiring a personal injury lawyer in BC
Getting legal advice from a lawyer after a car accident can be confusing because most people have not had to hire a lawyer for an injury claim before. Relax, I and many other personal injury lawyers in British Columbia will agree to talk with you at no charge about your injury claim and help point you in the right direction. If you have had a car accident injury in BC you are probably dealing with the Insurance Corporation of British Columbia, ICBC. Here are some tips on the when, where and whys to consider when hiring a personal injury lawyer in Vancouver, the Lower Mainland, or anywhere in BC.
1. When to hire a personal injury lawyer
Call, or have a family member or friend call a personal injury lawyer for a no charge consultation at the beginning of your claim. Have someone call right away. Depending on the facts of your case evidence may need to be secured or investigation initiated to help prove your claim. There are also time limits to file injury claims with ICBC and other insurance companies and a personal injury lawyer should able to help you put all your best information forward within the time requirements of the law.
2. Where your personal injury lawyer should be located
Make sure your lawyer is certified to practice law in British Columbia if your injury occurred in BC and that the lawyer has an office for delivery of legal documents in BC. If your case will require extensive court applications or court appearances it may be cheaper to hire a law firm with an office close to a courthouse. The Lower Mainland has courthouses in Vancouver, New Westminster and Chilliwack. Lawyers in downtown Vancouver are close to the Supreme Court, Court of Appeal, and the Provincial Courts. In an injury claim, where your lawyer is located is often more important than where you are located.
3. Why would you hire a lawyer for your injury claim
Many people that call my personal injury law firm are happy to hear me say that they do not need a lawyer for their personal injury claim. A claim may be minor and uncomplicated requiring nothing more than some goodwill on behalf of both the insurance company and the injured claimant. You would hire a lawyer however when there appears to be issues of fault, medical and/or legal causation, or other complicating legal and factual issues. Many cases can be won or lost on a legal “technicality”. I have also been told by clients over the years that having a personal injury lawyer meant that they were able get on with trying to get better without worrying about a personal injury claim. View my video on why hire a personal injury lawyer in BC.
Posted by Mr. Renn A. Holness
Tags: British Columbia Lawyers, Car accident lawyer, Find Lawyers, ICBC Injury claim, ICBC Lawyers, Legal advice, Personal Injury, Personal Injury Lawyers
Posted in British Columbia Lawyers, Car Accident Lawyer, Hiring a Personal Injury Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Lawyers, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Injury Attorneys, Legal Advice, Malpractice, Motor Vehicle Accidents, Personal Injury Lawyers BC, Slip and Fall, Vancouver Personal Injury Lawyer | 6 Comments »
February 3rd, 2011
In this consent authorization case (Nikolic v. Olson,2011 BCSC 125) the Supreme Court of BC essentially has forced an injury claimant to sign “consent” forms for release of private information from people outside the lawsuit and outside British Columbia. This presents important implications for personal injury lawyers representing injury claimants and the out-of-Province entities that will be responding to these forced consent forms.
The injury claimant was a resident of Saskatchewan and while in Kelowna, British Columbia, his vehicle was struck from behind by a vehicle owned and operated by the at fault driver. The claimant brought a personal injury claim request compensation for pain and suffering, past loss of income and loss of earning capacity.
The at fault driver sought an order from this Court requiring, among other things, that the claimant sign authorization allowing the at fault driver to obtain the complete SGI file related to the claimant and the complete clinical records relating to the care and treatment rendered to the claimant by several medical professionals.
Important to this court application the claimant did not object to production of the records on grounds of irrelevance, privilege, privacy or confidentiality and the judge accepted without inquiry that the requested records were relevant to the personal injury claim and were therefore compellable. Read the rest of this entry »
Tags: British Columbia Lawyers, Car accident lawyer, Consent authorization forms, Document Discovery, ICBC Lawyers, New Civil Court Rules, Pain and Suffering
Posted in British Columbia Lawyers, Car Accident Lawyer, ICBC Bicycle Accidents, ICBC Car Accident, ICBC Motorcycle Accident, ICBC Pedestrian Accident, ICBC Truck Accident, Malpractice, Motor Vehicle Accidents, Personal Injury Lawyers BC, Slip and Fall, Vancouver Personal Injury Lawyer | No Comments »
