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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 potential to harm a lot of people and may even cause death in extreme cases. Often, the effects are long-lasting and are difficult to fix. …

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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, you may be entitled to compensation for the losses you sustained. A consumer good that you purchased at a local store may have caused your …

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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 not limited to: These acts (or, in some cases, failure to act) may cause a devastating birth injury for your child. Generally speaking, birth injuries …

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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 require long-term care. Understandably, these injuries place heartbreaking physical, emotional, and financial burdens on the families they affect. The symptoms of birth injuries can be …

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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 on your claim. The basic limitation period in Nova Scotia is 2 years unless there are other factors that expedite, delay, or stop the clock …

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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, explanation, physical role, and involvement. It isn’t enough for the plaintiff to show that they are injured after receiving medical care. They must show that …

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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 claim of medical malpractice. For those who are specialists or subspecialists, it can be even more challenging because they are usually close and tight-knit professional …

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Injured cyclist calls should be ‘vehicles’

Cyclists are used to feeling the sun on their face and the wind in their hair. But what if you are out riding your bike on the road one day and are hit by a car? What if the driver of the car cannot be convicted under the Motor Vehicle Act for hitting you? What if the reason the driver can’t be convicted is that you are riding your bicycle and not driving your car? Hitting close to home, cyclist Kyle MacKay was struck by a vehicle at an intersection in Bayers Lake Business Park here in Halifax last November. The case …

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Can a Private Investigator Follow Me?

Yes, and insurance companies often do hire a private investigator to investigate the legitimacy of suspected claims. Many companies offer private investigator services to insurance companies. Insurance companies often want to find evidence to undermine a plaintiff’s claim. Surveillance materials gathered through private investigations undertaken by defendant insurance companies are subjected to both the rules of evidence and civil procedure. If you are a plaintiff in a civil proceeding a defendant insurance company can hire a private investigator to perform surveillance on you. They might do this to gather evidence to prove that you can return to work, or that …

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3 Reasons to Call A Lawyer After a Slip & Fall

Do you know when to call for help of a personal injury lawyer to help you with a slip & fall claim? You’ll quickly discover that slip & fall claims are complex and a lawyer dedicated to the practice of injury law is a necessity: A Lawyer knows when you should and shouldn’t give a statement to the insurance company A statement can be used against you during the course of your injury claim. It is critical that you are prepared to give a statement. Be sure to speak with a lawyer before talking to the insurance company about your …