In this medical malpractice case the Vancouver General Hospital appealed a decision finding them negligent in failing to assign one-on-one supervision to an elderly patient (Vancouver General Hospital v. Zheng,2024 BCCA 42). The patient subsequently fell and broke his hip. The appeal focused on whether the trial judge erred in concluding that the standard of care required one-on-one supervision based on the patient’s known risk factors. The Court of Appeal dismissed the appeal, finding that the judge’s personal injury decision was not in error. The plaintiff was an 83-year-old patient admitted ..read more

In prior blog posts on medical malpractice causation, we discussed the significant challenges in succeeding in a medical malpractice claim against a doctor.  What is commonly at issue in many medical malpractice claims is causation. Causation is an essential element in not only medical malpractice claims, but also in all personal injury claims. The standard of proof is the “balance of probabilities”.  The injured claimant must show that “but for” the doctor’s negligence, the injury would have have occurred. Medical malpractice claims are inherently challenging because of the complexi ..read more

As discussed in other blog posts, a patient must be fully informed by his/her doctor of the following before undergoing a medical procedure: The nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient; The frequency or statistical chance of a material or special risk arising; and The nature and severity of the injury that could ensue. This is known as medical malpractice informed consent. In order to succeed in a medical malpractice claim against a doctor for failing to obtain informed consent to a medical procedure, the patient ..read more

As discussed in prior blog posts, medical malpractice claims are notoriously complex and expensive to pursue.  The main reason for this is due to the expert evidence required to prove liability and quantum .  For liability, expert evidence is needed to prove that the doctor owed the patient a duty of care, that the doctor’s conduct breached the standard of care expected of him/her and that the plaintiff suffered injuries because of the doctor’s negligence (causation).  As it relates to quantum, expert evidence is needed to prove injuries, disability and future care costs. Accord ..read more

We have written numerous blog articles on Medical Malpractice.  Medical malpractice refers to injuries suffered as a result of the negligence of a health care provider where treatment fell below the medical standard of care.  Health care providers not only include doctors, but also other types of medical practitioners including dentists, nurses, chiropractors and therapists such as physiotherapists, kinesiologists and massage therapists. Common examples of medical malpractice claims include: Surgical errors Post-operative errors Treatment errors Medication errors Lack of informed co ..read more

As discussed in other blog posts, a patient must be fully informed by his/her doctor of the following before undergoing a medical procedure: The nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient; The frequency or statistical chance of a material or special risk arising; and The nature and severity of the injury that could ensue. This is known as medical malpractice informed consent. In order to succeed in a medical malpractice claim against a doctor for failing to obtain informed consent to a medical procedure, the patient must ..read more

As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk.  All risks such as potential side-effects and complications must be disclosed to patients by the medical practitioner before the procedure takes place.  This information allows patients to make an informed decision about whether or not to proceed.  This is known as informed consent. Information to be Disclosed to Patients Patients must be informed of the following before undergoing a medical procedure: The nature of the treatment, its gravity ..read more

As discussed in previous blog articles, the paramount issue in all medical malpractice cases is causation.  The injured claimant must prove not only that the doctor failed to meet the standard of care expected of him/her, but also that this negligence caused the injury. The standard of proof is the “balance of probabilities” in which the injured claimant must show that “but for” the doctor’s negligence, the injury would have have occurred.  This is what is known as medical malpractice causation. Patients also have certain duties and responsibilities when seeking treatment from a medi ..read more

If a doctor fails to provide necessary medical treatment this is known as a failure to act or a negligent omission.  An example is failure to diagnose a medical condition.  Another example is failure to provide medical treatment. As discussed in previous blog articles, medical malpractice causation is an important issue in all claims.  Causation in relation to a failure to act involves certain considerations.  First, the court will consider what the doctor in question would have done had he/she acted properly.  Second, the court will consider what a reasonably competen ..read more

Medical malpractice claims and dental malpractice claims are the same.  The only difference is that dental malpractice refers specifically to negligence on behalf of dental professionals including dentists, dental assistants, orthodontists and oral surgeons. In Warlow v. Dr. Sadeghi 2019 BCSC 463, the injured claimant suffered permanent and debilitating nerve pain when her dentist injured the nerve while removing a wisdom tooth.  The dentist was sued in negligence.  The main issue for the trial judge to determine was whether the dentist obtained informed consent from her before ..read more