View Post

Fatal Injury Claim: Timelines and Deadlines

Having lost a friend or loved one is unimaginably difficult. This loss can be magnified when the death is because of someone else’s wrongful or negligent behaviour. Fatal injury claims allow family members to recover financial compensation for their loss. As you may have read about in some of our other posts, all legal claims have some form of a limitation date. That is, you must file your claim before that limitation date has passed; …

View Post

Brain Injury Classifications

It is important to know that there are many types of brain injuries and that there are three levels of brain injury classification. In this post, we will discuss each of the types and levels of brain injury which can vary from patient to patient and can present unique challenges. Many people have heard about concussions or may even know someone who has suffered one.  These are the most common type of TBI and are …

View Post

Common Traumatic Brain Injury Disabilities

Traumatic brain injuries (TBI) can result in a variety of symptoms and disabilities. Some of these injuries will be short-term and temporary while others will remain with the person permanently. In this post, we break down the most common disabilities that TBI patients are often left to manage after their injury. This syndrome is a somewhat common disability experienced by many TBI patients. It is important to know that a person doesn’t have to lose …

View Post

Product Liability: Medical Product Injury

Nova Scotians rightly expect that the services provided to them by provincial healthcare providers will be safe and free from unknown risks. We rely on our doctors, nurses, and other care providers to give us the finest quality of care. After all, they’re the experts. Unfortunately, sometimes medical or pharmaceutical products, devices, or drugs do not work as well as they should. When this happens, the consequences can be devastating. Faulty healthcare products have the …

View Post

Product Liability: Need to Know Information

Any lawyer will tell you that one of the oldest rules of negligence law is that the manufacturer of a product has a responsibility to ensure that it will be safe for people who will ultimately use or consume the product. Any failure to do so is a blatant breach of the standard of care a manufacturer owes to the general public. If a faulty product, service, or device injured you or someone you love, …

View Post

Birth Injury: Common questions

Birth injuries are preventable, devastating injuries that stem from medical malpractice or negligence. They can occur prior to, during, or following your child’s delivery. When they do occur, birth injuries are a family’s worst nightmare. A well-known form of birth injury is cerebral palsy, but there are several different types. Birth injuries can occur in a number of ways. However, some situations where medical negligence may have contributed to a birth injury include, but are …

View Post

Birth Injury: Why you need a lawyer

Birth injuries are one of the most devastating types of loss a family can suffer. All parents hope to bring home a healthy bundle of joy. Parents spend months (or even years) planning for their new addition. However, medical malpractice or negligence that results in a birth injury before, during, or after delivery can propel new parents into uncharted, frightening territory. Children may ultimately succumb to their injuries, or they may become permanently disabled and …

View Post

Medical Malpractice: Limitation Periods

As we have discussed in previous blogs, there are timelines and deadlines to pursuing a legal claim. If you file a medical malpractice claim after the limitation date, you could lose your claim because you filed the lawsuit too late. It is important to know exactly what limitation date applies to your file. In Nova Scotia, every claim has to comply with the Limitation of Actions Act but there can be different time periods depending …

View Post

Medical Malpractice: Proving Causation

You cannot be successful in a medical malpractice claim if you cannot establish causation. This means that the plaintiff has to show a substantial connection between their injury and the defendant’s conduct. While other areas of negligence law have remained rather stable, causation continues to evolve and confound. As cases make their way through the Canadian court system, old questions are answered while new questions are raised. Legal causation can be analyzed by reviewing blame, …

View Post

Medical Malpractice: Expert Evidence

Medical malpractice claims can be tricky, complicated, and time-consuming. We aren’t all doctors, so it becomes essential to have medical experts who can provide evidence and testify on the critical issues in your case. In Canada, most physicians are members of the Canadian Medical Protective Association (CMPA). As a result, it can be challenging to find a doctor or other healthcare provider who is comfortable and willing to testify against their colleagues regarding the alleged …