Malpractice & Healthcare Litigation

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OVERVIEW

Malpractice and healthcare litigation are complex areas of the law that can have devastating professional and financial impacts on doctors, nurses, and other healthcare professionals if not handled properly. Such litigation can also adversely affect hospitals, clinics, and the manufacturers of healthcare products and pharmaceuticals. Even before legal proceedings are initiated, a publicly voiced complaint can endanger the reputation of the individual or institution. Our objective is to protect our clients' professional reputations and financial stability while respecting their goal to provide excellent care to their patients.

SERVICES

The Malpractice and Health Care Litigation Group is comprised of experienced lawyers who provide advice and representation on a broad variety of legal matters, including the defence of:

Our group represents professionals across various disciplines, and offers a client-centred approach, entailing discreet/confidential counsel and effective advocacy before administrative tribunals and all levels of court. The lawyers in the Malpractice and Healthcare Litigation Group have a strong background in personal injury and products liability claims, and a thorough understanding of the fiduciary responsibilities and privacy issues facing health care providers and their insurers.

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A medical thumb original Legal Causation in Medical Malpractice Claims

Hemmings v Peng - the issue of remoteness of damage (“legal causation”) in the context of a medical malpractice claim. 

A judge thumb original Judge vs. Jury: Considerations for Medical Malpractice Cases

There has been a shift in attitudes towards juries in medical malpractice cases over time. In 1998, the America Medical Association, a professional association and lobbying group for physicians and medical students, explained their position as follows...

Default Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss

First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.