Toronto Lawyers Blog

• Being A Support And Getting Support: Friends and Family of Sexual Assault Survivors

  July 04, 2023

  When you learn that someone you love has survived a sexual assault or sexual abuse, it can be extremely difficult to process your own thoughts and feelings while also finding the strength to support them as they heal from this trauma. The initial shock can give way to anger over what has happened, but also sadness, frustration, guilt or concern as you witness how your loved one is hurting. You may even feel a sense of helplessness.

  Your mind may be so focused on supporting the survivor that you may not realize that you, too, might need support for ...

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• Medical Experts and Their Duty to the Court

  June 29, 2023

  A Cautionary Tale For the Role of Expert Evidence at Trial

  In an important medical malpractice trial in 2022, a Judge of the Ontario Superior Court has found two doctors liable for the amputation of the plaintiff’s leg after complications from a fall. In deciding for the plaintiffs, Madam Justice Vermette largely rejected the testimony of two experts who testified for the defendant doctors. Successful plaintiffs’ counsel were lawyers Ryan Breedon of Breedon Litigation, and David Lackman and Jessica Golosky of Gluckstein Lawyers.

  Regarding the evidence of defence emergency medicine expert Dr. B, the trial judge found that his ...

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• These Things Don’t Always Just Happen: Empowering Parents of Children with Birth Injuries

  June 26, 2023

  “I’m so sorry. We did everything we could, but sometimes these things just happen.”

  These are words no one ever wants to hear from a doctor. But they can be particularly painful for new parents or people who were eagerly expecting to be new parents. Learning your pregnancy is not viable or that your newborn has sustained an injury in-utero, during delivery, or shortly after birth can be one of the worst moments of a person’s life.

  Sometimes the medical provider will be able to explain what happened to cause this tragedy. Other times they will not know why an ...

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• Content is King but Don’t Forget the Serfs: How Small Onsite Changes Helped Us Rank Better For “Law Firm Marketing”

  March 26, 2023

  We all know that content is the driving force behind great search engine rankings and the best way to be found online is to write prolific and informative content while doing your best to become an authority on the topics that matter most to your business. It’s a great recipe for success, and one we’ve been espousing since the beginning of time. That being said, this article is not about content. By all means—whether it’s blogs, publications or any other type of article that adds valuable keywords to your website—keep creating great online content. Just don’t forget to pay attention ...

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• What Rights do Patients Have Regarding Informed Consent?

  September 09, 2022

  What does the right to informed consent mean?

  It is a patient’s right of choice to decide what is done to their body. Informed consent is a patient’s right to be fully advised on the implications of a medical procedure they are set to undergo. In Ontario, this applies to anyone who has the capacity to understand the relevant information and consequences of undergoing a procedure.

  Prior to 1980, doctors simply needed to inform their patients of information they, the doctors, felt necessary to disclose. However, this changed after the 1980 Supreme Court of Canada decisions, Hopp v Lepp, ...

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• What are the Requirements for a Medical Negligence Case?

  May 22, 2022

  As a patient, you place your trust and confidence in health care professionals to provide you with the medical care and treatment that you require. If you or a family member have been injured as a result of your doctor’s negligence, or the negligence of other healthcare providers, you may be able to pursue a medical negligence lawsuit.

  Medical negligence cases are generally complicated, risky and costly. The decision to commence a medical negligence case should not be undertaken lightly as the injured patient, the Plaintiff in the lawsuit, bears the legal burden of proof. A bad outcome from your ...

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• What is a Misdiagnosis or a Failure to Diagnose lawsuit?

  April 11, 2022

  Both a misdiagnosis and a failure to diagnose involve the incorrect interpretation of a patient’s presenting symptoms by a doctor.  A misdiagnosis can occur when the doctor diagnoses the patient with the incorrect condition as the cause of their symptoms.  This can lead to a patient undergoing unnecessary medical treatment or procedures, which can result in permanent impairments or exposure to the risks and side effects of that unnecessary treatment.

  A failure to diagnose can also occur when the incorrect diagnosis is made or when no diagnosis is made at all.  Both misdiagnoses and failures to diagnose can delay critical ...

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• Standard of care and causation in the context of dental medical malpractice

  April 04, 2022

  Injuries can stem from teeth extractions, root canals, insertion of fillings, crowns, bridges, veneers, dental implants, infections, injuries to oral nerves or anesthesia complications in cosmetic dentistry. There can also be failure to diagnose a condition, such as oral cancers, and patients can suffer injuries at the hands of not just dentists, but any dental care provider including oral surgeons, orthodontists, periodontists or hygienists.

  “Dentists have an obligation to provide services that meet the standard of care for all patients, and when they fail to do so malpractice can occur,” says Mahsa Dabirian, partner at Bogoroch & Associates LLP. “Dental ...

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• Suing a Doctor for Malpractice is Difficult, But We Can Help

  October 21, 2021

  Suffering from a healthcare professional’s negligent act or omission is difficult to begin with, and, unfortunately, attempting to pursue legal recourse is also difficult. If you or someone you care about wishes to pursue a medical malpractice case, it is important to know how these cases operate in Ontario.

  1. The Test:

  To succeed in a medical malpractice case, you, the Plaintiff, must prove both:

  1. That the physician in question breached the standard of care that is reasonably expected for the treatment you received; and
  2. That the breach of the standard of care caused your injury and resulting damages.

  2. ...

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• What makes a good personal injury lawyer?

  September 21, 2021

  The attributes that distinguish a good personal injury lawyer include trial experience, knowledge of the law, and compassion.

  Trial experience:

  You must retain a fierce advocate who will diligently and expeditiously advance your case in an effort to achieve the best possible outcome for you.  

  Although the majority of lawsuits settle prior to trial, there is no guarantee that your case will. Recent developments in legal principles and the statutory provisions governing personal injury actions have made it more challenging for Plaintiffs to be compensated for their losses. For that reason,  it is imperative that your lawyer be prepared to ...

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