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

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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Medical Malpractice Case Settles for $200,000 and Claimant Entitled to Costs of Expert Reports

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…

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Dismissal of Injury Claim Overturned as Claimant had an Excusable Delay

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). …

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A Claim for Psychological Injury after Witnessing a Car Accident Dismissed By Court

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…

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Help Mom, Dad, and your Friends Find a Personal Injury lawyer for Their Car Accident Injury

A car accident injury claim with ICBC can become complex and potentially risky.  Here is a checklist of important car accident claim hints for people trying to help injured friends or family after a car accident in BC. 1.   If there is a question of fault ensure that there is an investigation into the circumstances…

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Personal Injury Lawyers in Vancouver Help Car Accident injury Claimants Ethically

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…

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Injury Claimant Forced to Sign Consent Authorization Forms for People Outside British Columbia

       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…

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Top Car Accident Lawyers are Independent of Government and Legal Fees are Regulated

As a lawyer I represent personal injury claimants in British Columbia and have come to appreciate how important it is to advocate for injury claimants  independent of government and ICBC, which was created by government in 1972.  Imagine a world where a government run insurance company could control what your lawyer was allowed to do and say. Perhaps even…

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