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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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British Columbia Personal Injury Law Blog

Malpractice Settlement Amounts

Medical malpractice settlements are generally private and therefore not reported. The amount of the settlement will reflect the risk of going to trial. These are civil lawsuits brought by patients against negligent care providers. Settlements are paid to the patient by an insurance company. As a result, a release agreement must be signed. The settlement…

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Starting Medical Malpractice Basics

In medical malpractice cases there is no uniform standard of care governing all doctors. Standard of Care A medical doctor’s error in clinical judgment does not necessarily lead to medical malpractice. Similarly, a poor outcome from medical treatment does not always mean a doctor is legal responsible. The proper standard is related to the doctor’s…

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ICBC Pays lost wages?

ICBC pays loss of income to a max of $300 per week for car accident injuries. After April 1, 2019 ICBC disability increases to $740.00 Max. ICBC deducts any wage loss benefits received from EI or a private disability plan. ICBC Disabilty Deducted The April 1, 2019 increase in ICBC disability benefits comes with a…

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Prescribing Error Malpractice Award

This medical malpractice lawsuit arose from a prescribing error by a general practitioner. The doctor admitted the prescription error but denied that it caused any lasting injuries. The defendant, Dr.C. E. Fourie, admitted the claimant was entitled to damages resulting from the perforated ulcer, surgery, and hospitalization. However, no lasting injuries resulting from the defendant’s…

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Don’t Settle with ICBC Policy

To settle with ICBC, the corporation must negotiate in good faith. ICBC’s recent withdrawal of settlement offers has therefore drawn criticism from many groups and now the Supreme Court. The Car Accident Our featured car accident case was a short personal injury trial in January, 2019. The claimant was driving through the intersection of Sperling…

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ICBC Statement Results in Breach of Insurance

Statements made to ICBC and the police without a lawyer generally ends poorly. This claimant was found to be not covered by ICBC for injuries because of her ICBC statement and testimony. Indemnity under a policy of insurance with ICBC was sought by the claimant.  ICBC denied coverage saying the claimant permitted an impaired person…

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ICBC Given Special Legal Status to Prevent use of Expert Reports

On February 11, 2019 Attorney General, David Eby, teaming with auto monopoly ICBC, announced draconian restrictions on experts and expert reports. The new rules will limit the ability of innocent victims to use expert reports. Medical reports, economic reports, treatment reports, work capacity assessments and other expert opinions will be restricted. Without a court application,…

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