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Toronto Lawyers Blog

  • What Rights do Patients Have Regarding Informed Consent?

    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?

    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?

    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

    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

    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?

    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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  • Breach of Fiduciary Duty and Medical Negligence by a Doctor

    Ms. Friendly* retained Bogoroch & Associates LLP on March 25, 2010. In June 2009, Ms. Friendly underwent a surgery performed by Dr. Paul*. Following the surgery, Ms. Friendly developed a bowel perforation, setting in motion a long chain of events resulting in serious physical and psychological limitations, including the need for 15 more surgeries and an ostomy bag, and development of a large hernia and severe depression.

    Initially, a number of doctors, nurses, and hospitals were included as Defendants, and were sued using a number of legal theories, including medical negligence, breach of contract, and breach of fiduciary duty. As ...

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  • What Is My Claim Worth?

    The following guide provides a framework for understanding how, and why, victims are compensated for their injuries in Ontario. The central principle dictating how much an injured party is awarded is called the ‘principle of loss’. Accordingly, injured parties can expect to be given awards for what they lost because of their accident.

    Liability and Threshold

    To have a valid legal claim, an injured party must demonstrate that another party is liable for their injuries. If the injury occurred in a motor vehicle accident, an injured party must prove that their injuries are both permanent and serious. While this threshold ...

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  • Gluckstein Personal Injury Lawyers: Birthing guideline should focus on producing healthy babies, not avoiding lawsuits.

    An updated guideline concerning fetal surveillance in labour puts undue emphasis on medico-legal considerations and not enough on reliable data and healthy outcomes for babies, says personal injury lawyer Richard Halpern.

    Halpern, a senior lawyer with Gluckstein Lawyers in Toronto, recently wrote an extensive critique about the 2020 Clinical Practice Guideline No. 396, issued in March by the Society of Obstetricians and Gynecologists of Canada (SOGC). The Society represents more than 4,000 health professionals across Canada, including obstetricians, gynecologists, family physicians, nurses and midwives.

    The guideline is intended to guide the profession's efforts in monitoring the health of babies during labour and delivery, but it falls short ...

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  • Jury trials are suspended until May 3, 2021

    In response to the rising COVID-19 cases, a declaration of Emergency was made on January 12, 2021, for all of Ontario. With the declaration of Emergency came new provincial restrictions on January 14, 2021. In light of these restrictions, the Ontario Superior Court of Justice has suspended jury trials until May 3, 2021, at the earliest. Per the update from Chief Justice Morawetz on January 13, 2021, no new jury trials or jury selections will proceed in the Ontario Superior Court of Justice until May 3, 2021, at the earliest. Matters that are already in progress may continue ...

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