Chronic Pain Injury Compensation

Chronic Pain Injury Compensation Is Chronic Pain Recognized by the Courts?   Unquestionably since 2003 chronic pain is a form of long-term disability entitled to injury compensation.   At that time the province of Nova Scotia excluded chronic pain from the purview of the regular workers’ compensation system. Instead of the benefits normally available to […]

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Patient Ombudsman of Ontario A New Complaint Process

I recently had the pleasure of attending a reception with Christine Elliott Ontario’s new Patient Ombudsman. The office of the Patient Ombudsman was created to respond to complaints from patients regarding care provided by public hospitals, community care access centres (CCAC) and long-term care facilities. Before her appointment Christine was a long-time member of the […]

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Recent Medical Malpractice Case Shows What Can Happen When You Don’t Have A Lawyer

A recent case affirms the necessity of having expert medical opinion in support of a medical malpractice action. It also provides an example of the difficulty in bringing a lawsuit without a lawyer. As the Court remarked this was a complex medical malpractice case. The doctors of a wife and mother of a family diagnosed […]

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Medical Malpractice Law Firms Owe a Duty of Loyalty

Medical Malpractice Law Firms Owe a Duty of Loyalty A decision of great practical importance for medical malpractice law firms was recently released. In Bulloch-MacIntosh et al. v. Browne et al., 2015 ONSC 1622 (CanLII) the court ruled that a law firm could not continue to represent a defendant. The reason was that it had previously […]

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Misdiagnosis of Cancer Cases Amount to 1 in 10 Settlements

Settlement payouts to persons in the UK who suffered as a result of misdiagnosis almost doubled year over year from 2009-2010 to 2010-2011 according to a report in the Telegraph. The British newspaper obtained the information as a result of a freedom of information request. The amount of compensation paid rose from £56 million to […]

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Medical Error Caused by Prevalent and Pervasive Surgeon Fatigue

In a study conducted by the Massachusetts Hospital and reported in the Archives of Surgery researchers found that surgery residents were often suffering from fatigue. In fact the findings suggest that fatigue plays a significant role in medical error. Fatigue Level can be on par with Alcohol Impairment The researchers found that orthopedic surgical residents […]

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Medical Malpractice Claims Studied for Litigation Rate

A new study of medical malpractice claims in the United States published online May 14 in the Archives of Internal Medicine reveals similarities with the Canadian experience. According to the results of the claims that go to court most are ultimately decided in the physician’s favour. Another finding was that litigated medical malpractice claims often […]

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Rate of Prescribing Errors in General Practice Revealed

The General Medical Council of England has just released on May 2 2012 the results of an extensive report on research it commissioned to determine the prevalence and nature of monitoring and prescribing errors in a general physician’s practice. the research also explored potential opportunities to mitigate the future occurrence of prescribing errors. The study […]

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Pathology Errors Continue at Windsor Hospitals

On May 4 2012 Windsor Regional Hospital announced the occurrence of a sentinel event related to procedures in its pathology department. Windsor regional hospitals have a well documented history of pathology errors in the reading of test result reports leading to unnecessary surgery. After a well publicized incident of unnecessary surgery 3 years ago at […]

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Misdiagnosed Patient

According to The American Journal of Medicine 15 percent of all medical cases in developed countries result in a misdiagnosed patient. Literally millions of patients worldwide are being treated for the wrong conditions every year. This occurs even with the use of modern technology. Other studies have come to similar findings. The Mayo Clinic Proceedings […]

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Consequences of Bariatric Surgery Malpractice

The consequences of bariatric surgery malpractice have recently been reported on in a number of academic studies. There is no end to the lengths people will go to lose weight when motivated to do so. Proper diet and exercise are proven remedies but these methods while sound are not always successful. Alternatives consisting of magic […]

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Measures of Hospital Safety are Incomplete

In an early release article viewpoint the Canadian Medical Association Journal (CMAJ) has criticized the usefulness of data collected by the the Canadian Institute for Health Information (CIHI). The CIHI has been operating since 1994. It is effectively a partnership of federal and provincial governments. Its mandate is to develop and maintain databases of comprehensive […]

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Wrong Level Spine Surgery

Wrong Level Spine Surgery Studied by the Harvard Medical School Wrong level spine surgery it turns out is a continuing problem in neurosurgery notwithstanding the introduction of surgical protocols and pre-operative imaging meant to reduce its incidence. This is the conclusion of a study conducted by authors in the Department of Neurosurgery at Brigham and […]

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Medical Negligence Claims Shown to Improve Patient Safety

Medical negligence claims are the subject of a vigorous debate in the United States. The debate has malpractice attorneys and patient rights groups on one side and doctors and well funded small c conservative lobby groups on the other. The two sides are engaged in a death grip over the question of whether medical malpractice […]

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Nine Types of Pharmacist Negligence

Pharmacy negligence cases require malpractice lawyers to prove that: the person suing the pharmacy was owed a duty of care by the pharmacist the pharmacist breached that duty by committing an act of negligence the person suffered harm as a result of the pharmacist’s error. Fortunately pharmacists do not often commit errors. They are professionals […]

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Twelve Hospital Negligence Errors

Hospital  Negligence Hospitals play a prominent part in our lives because of the care they provide in times of need. Very often they are landmarks in the communities in which we live. Their location provides a grounding and sense of orientation. When we arrive at a hospital for our own sake or that of a […]

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A Survival Guide to Obstetrical Malpractice for 2012 at the Mount Sinai Hospital

Avoiding Obstetrical Malpractice I recently attended a day seminar presented by the obstetricians at the Mount Sinai Hospital. This is an annual event that has become a mecca of sorts for physicians, obstetrical nurses and medical malpractice lawyers who this year packed the hospital’s auditorium. This blog post shares its title with the seminar which […]

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Failure to Diagnose Cancer Cases Explained

One of the most difficult situations we find ourselves in is when we are being consulted by someone who has contracted a terminal case of cancer that was not diagnosed at a time when medical treatment could have provided a cure. When the failure to diagnose occurred as a result of medical negligence or malpractice […]

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Urgent Hospital Readmissions are Avoidable in Nearly One out of Five Cases

The Canadian Medical Association Journal has published a study of the causes of urgent hospital readmissions. The study was undertaken as urgent, unplanned hospital readmissions are increasingly being used to gauge the quality of care. The study team, comprised mainly of physicians, reviewed all urgent readmissions that occurred within 6 months of discharge from 11 […]

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Medical Malpractice Risk Perception at Odds with the Reality

The New England Journal of Medicine has published a study of malpractice claims. The research was primarily funded by the RAND Institute and carried out by researchers from Harvard and USC. The researchers examined data of a large professional liability insurer over a 14 year period. The data was sufficiently broad that the researchers were […]

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