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
Paper and accompanying presentation provide healthcare professionals with a deeper understanding of how their observations and opinions as experts may be used to advance a personal injury case.
The Ontario Court of Appeal released its much anticipated decision in Moore v. Getahun. 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 … Continued
Impaired oxygenation (hypoxia-ischemia) to the fetal brain during labour and delivery (intrapartum) is an important cause of neurologic injury in the newborn. Determining whether neurologic injuries in affected babies may have been preventable by different intrapartum management of care begins by understanding the causal pathways to newborn neurologic injury. There are many variables to be … Continued
Many of you provide treatment to people recovering from serious personal injuries. It goes without saying that confidential information entrusted to you by your patients within a professional relationship should be carefully guarded – confidential information should not be disclosed without the patient’s authorization, unless otherwise required by law. Unfortunately, sometimes the most routine interactions … Continued
The importance of expert testimony in the successful prosecution of a personal injury case cannot be understated; however, the role of the expert is not to be a soldier for one party or the other. The role of the expert is to provide a fair, objective, and non-partisan opinion to assist the Court. The “battle”, if any, is … Continued
When a victim has been injured, the Family Law Act entitles certain family members to claim damages of their own. Sections 61 to 63 of the FLA are the key provisions. In some cases, FLA claims can be significant. This paper will provide an overview of some “main considerations” when advancing FLA claims; focus on … Continued
Newborn neurological injury due to trauma occurring in and around birth (peripartum) is often profoundly disabling. For affected infants and their families these injuries can be life-altering, resulting in unfathomable burdens. This paper explores the possible intrapartum pathways to neonatal neurologic injury and how some of the science and literature impact on the representation of … Continued
Panel: Debbie Hebert, Toronto Rehab/UHN Jeanette Podolsky, Private Sector Elizabeth Farquharson, Sunnybrook Hospital Current Issues and Trends for the Rehabilitation of People with ABI and Cognitive Impairment Debbie Hebert, Toronto Rehab/UHN Communication Partner Training Jeanette Podolsky, Private Sector New Ideas in Acute Care Physiotherapy Elizabeth Farquharson, Sunnybrook Hospital
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Clashes arising over the use of Consent Forms in insurer examinations (“IEs”) are an increasing phenomenon. Often, neither the insurer nor the insured receives any prior warning from an IE examiner and/or assessment centre that a signed Consent Form will be required at the IE in order for it to proceed. A common scenario occurs … Continued
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Black’s Law Dictionary defines subrogation as: “The substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor.”1 In simpler terms, it is the right to reimbursement. In the context of a personal injury case, subrogation is the process … Continued
Paper: The Tipping Point – Maintaining Independence from Retainer to Report Writing Claims made on behalf of people injured in car accidents rely heavily on medical expert opinions in order to advance their claim, especially when the person has been catastrophically injured. What happens when the court rules your expert is bias?
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