Defence medical assessments are a fact of life for Plaintiffs in personal injury litigation. Most injured accident victims dislike the idea of attending these assessments with medical experts retained by the defendant’s insurance companies. As lawyers, we frequently hear from clients who call us in frustration with complaints that the medical expert had pre-determined his/her … Continued
Does Donald Trump author all of his own tweets? Is it wrong if he doesn’t write them all himself? While the U.S. president and other politicians and celebrities can have representatives speak on their behalf, an expert witness in the courtroom does not have that right. Rather, a court expert must be the sole author … Continued
TORONTO — A hospital doctor who failed to detect meningitis in a patient who died from the infection was professionally negligent, Ontario’s top court affirmed Monday. In upholding a negligence finding against Dr. Virat Joshi, the Ontario Court of Appeal said the evidence clearly showed Mark Barber was displaying symptoms the doctor should have noticed and investigated. … Continued
On September 22, Thomson, Rogers’ personal injury lawyer Kate Cahill provided a few tips on how to manage medical malpractice and products liability cases at the Will Davidson Products Liability Litigation Conference. Click on the following link to view her PowerPoint Presentation: Tips on Managing a Medical Malpractice/Products Liability Case
A search of Ontario medical malpractice cases decided in the last 6 months shows that Plaintiffs risk having their cases dismissed if they do not have an experienced malpractice lawyer. Plaintiffs’ claims are often dismissed because they have not commenced their action within 2 years. Of approximately 14 medical negligence rulings in the last 6 … Continued
Every year a number of newborns, small but significant in absolute terms, suffer avoidable brain injury during labour and delivery caused by poor obstetrical care. The losses are serious, with many suffering profound disability from cerebral palsy. Many have winnable cases, yet few are pursued. More is needed to overcome the medical and legal obstacles … Continued
Critics of Ontario’s proposed changes to auto insurance say lower rates may not necessarily mean more money in your pocket. According to the Personal Injury Alliance (PIA Law), the changes outlined in the provincial budget would shift the financial burden of accident-relate health-care costs from insurance companies to the taxpayers. The PIA said the new … Continued
Sloan Mandel comments on the Ontario Government’s proposed cap of $1 million for catastrophic accidents victims. View Global News Clip
“The CPSO can’t just issue a restriction and trust the doctor to follow it . . . In my opinion, patients of Dr. Tadros had a right to know about the gender-based restrictions on the doctor’s licence and that right to know imparts a responsibility on the College of Physicians and Surgeons to effectively educate the public.” … Continued
The case dealt with circumstances surrounding allegedly negligent medical care following a motorcycle accident. However, it was the rulings by the trial judge about the legal effect of communications between trial counsel and an expert witness that made this case of general interest to all lawyers and expert witnesses in Ontario. Read more
Catastrophic injury cases are complex and therefore, require a lawyer who is equipped to deal with all the different components – the medical issues concerning the specific injury, the prediction of future needs and calculation of economic losses, and the interactions between insurance systems, no-fault, civil tort, and private disability, to name a few . … Continued
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We are pleased to announce that Thomson, Rogers has been selected as one of Canada’s Top 5 Personal Injury Law Firms by Canadian Lawyer Magazine. “This firm dates back to a litigation shop established in 1936 by Edson Haines, who was later joined by his brother Douglas. After the Second World War, B.J. Thomson, Phil Benson, … Continued
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