Personal Injury News

"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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Medical Malpractice Cases

Fatally Flawed Medical Malpractice Award Overturned on Appeal

  The B.C. Women’s Hospital and one of it’s nurses successfully appealed this $1.7 million personal injury award in which they were found to have negligently injured a patient ( 2015 BCSC 1941 ). The trial judge found the Nurse to have breached her duty of care owed to the patient, when placing the claimant’s left foot on…

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The Zero Money Offer in Medical Malpractice Cases

Medical malpractice cases are among the most sophisticated and complicated civil claims to pursue.  The Canadian Medical Protective Association, CMPA, defends doctors zealously hiring experts from within their ranks at will. On the other hand claimants are often left with a medical community unwilling to provide the medical opinion required to pursue the claim. The CMPA will often make…

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Family Doctor Able to Give Opinion about Nursing Standards

In this medical malpractice case the claimant mother was 28 weeks pregnant when she presented in the emergency room complaining of neck pain. She was seen by a registered nurse and a family practitioner and was discharged with recommendation for massage therapy. She suffered seizures soon thereafter and underwent an emergency caesarean section. The claimant child was born with significant disability.…

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Family Doctor Blamed but not Named in Car Accident Lawsuit

ICBC insured defendants have lost a bold application to name a family doctor for negligent treatment in this multiple car accident lawsuit (Jack v. Kendrick,2015 BCSC 1872). The claim is for injuries sustained in three separate motor vehicle accidents and the allegation was that the family doctor  prescribed negligently large doses of opiates.  In order for ICBC to obtain…

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Filing for Personal Injury Compensation- How to Make an Injury Claim

British Columbia personal injury claims are different than anywhere else in the world for two mains reasons: 1. The creation of the  Insurance Corporation of British Columbia, ICBC, and 2.  the limited access to private healthcare. In Canada less than 30% out of the 2.29 million people injured annually go to a hospital emergency room…

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Judge Copies Personal Injury Lawyer in $4 Million Brain Injury Award

This birth malpractice case (Cojocaru v. British Columbia Women’s Hospital and Health Centre,2013 SCC 30) resulting in brain injury affirms the direction that Canadian Courts are taking  to informed consent in personal injury malpractice cases. The multi-million dollar award was upheld against one doctor for failing to provide the claimant with informed consent for the  “vaginal…

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Best Outcome for Medical Malpractice Lawyers in Supreme Court of Canada

A $3.2 million personal injury award has been restored by our top court,the Supreme Court of Canada, helping to reinforce our modern approach to legal causation  in medical malpractice cases(Ediger v. Johnston, 2013 SCC 18) and personal injury cases generally. Personal injury lawyers assisting the injured will applaud the clarity and brevity of this decision. This…

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Injury Claimant Not Required to Provide Facebook, Twitter, and Personal Laptop to Insurance Company Lawyers

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…

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Severely Brain Damaged Infant Loses Injury Claim Against Doctor

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…

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