Albertans entrust our well-being to the skilled hands of medical professionals, relying on their expertise to heal, not harm. However, when the unthinkable occurs and medical treatment goes awry, the consequences can be devastating both physically and emotionally. As such, injured individuals will often be left with unanswered questions, seeking to hold the appropriate party accountable, giving rise to the intricate realm of medical malpractice claims. From the initial realization of harm to the pursuit of settlement and recovering appropriate compensation, understanding the intricacies of a m ..read more

Cerebral palsy (also referred to as “CP”) is a non-progressive and non-life-threatening neurological disorder that affects how the brain communicates with the body’s muscle groups. Generally, cerebral palsy can affect a person’s ability to speak, walk, eat, and perform routine daily activities and can have lifelong implications impacting a person’s posture, balance, motor functioning skills, movements, muscle control and tone. Overall, it substantially impacts both the individual living with the condition as well as their family. To help connect and support Albertans living with cerebral palsy ..read more

Personal injury claims are based on the law of negligence. In order to be eligible for compensation, a defendant or defendant must cause the injury through negligence. This article reviews the law on causation and looks at what can happen when multiple people are responsible for the injury sustained. What is causation? If you have been injured in a slip and fall, motor vehicle accident or as a result of medical advice or treatment, and someone else’s negligent actions were to blame, you may have a claim for compensation.  To find out whether you have a personal injury claim, consult an ex ..read more

Before performing a procedure, a doctor must advise a patient of the potential risks and alternatives to a procedure and must obtain a patient’s informed consent before proceeding with a particular course of action. Obtaining informed consent is particularly important in cases regarding labour and delivery.  In a recent case before the Alberta Court of King’s Bench, a plaintiff alleged that a mid-forceps delivery resulted in permanent paralysis to the child’s left arm. However, the obstetrician claimed that she spoke with the mother before proceeding with a mid-forceps delivery and obtain ..read more

The results when a diagnosis is either missed or delayed can be catastrophic. It may mean that the patient receives no treatment, the wrong type of treatment, or a delay in starting treatment. If a missed or delayed diagnosis results in injury, illness or death, it may be possible to bring a medical malpractice claim against the physician or physicians responsible. Not every error of judgment makes a doctor liable for negligence. Like all of us, doctors make mistakes. However, unskillfulness or carelessness leading to an error when it comes to diagnosis can lead to liability.  This articl ..read more

It is not only doctors that have strict obligations to their patients. Pharmacists must also take certain steps when dispensing medication to keep patients safe. These include assessing the patient’s health history before dispensing certain medications, considering whether the patient has a drug therapy problem, and providing the patient with the information needed to use the medication and minimize the risks associated with side effects. This article looks at some of the obligations that apply to pharmacists, as well as what you can do if you have been injured due to the failure of a pharmaci ..read more

With certain exceptions, medical professionals need to obtain informed consent from a patient before embarking on a procedure or treatment. Patient consent is only informed if the doctor provides certain information so they can effectively decide whether to receive the treatment.   This article looks at what informed consent means in a medical context, along with possible implications if informed consent is not obtained by a medical professional before proceeding with a procedure or treatment. Failure to obtain informed consent can be grounds for a medical malpractice claim.  Wh ..read more

In a medical malpractice claim, once a plaintiff has established that a medical professional performed an act or omission has failed to meet the applicable standard of care owed to the patient, the following steps are to prove that the behaviour caused the plaintiff to suffer illness or injury, and determining the appropriate compensation for those damages.  In Part 1 of this series, we wrote about the importance of expert evidence in medical malpractice claims as it relates to the first two elements of a negligence claim, including establishing the standard of care and proving that a med ..read more

Negligence is the primary basis of a personal injury claim. In a medical malpractice claim, a plaintiff must show that while receiving treatment from a healthcare professional, there was an act or omission which deviated from the acceptable standard of practice which caused injury or illness to the plaintiff. Medical malpractice lawsuits can range from a delayed diagnosis, failure to refer a patient to a specialist, or a patient receiving substandard medical care and treatment at a hospital.   However, an indiviudal’s claim for medical errors or negligence can be difficult to articul ..read more

The Supreme Court of Canada has declined to hear a case regarding whether a doctor owes a duty of care to children before they are conceived. The case, which has made its way through the courts for the past decade, alleges that a set of triplets in Ontario were born premature and with cerebral palsy after their mother was prescribed a fertility drug. Ontario’s courts held that the triplets’ action amounted to a “wrongful life” claim, which Canadian courts have refused to recognize as a valid cause of action. Triplets born prematurely after mother prescribed fertility drug The mother, Dana Geal ..read more