Tips on Managing a Medical Malpractice / Products Liability Case

Will Davidson Products Liability Litigation Conference | September 22, 2016

Managing a Medical Malpractice / Products Liability Case Thomson, Rogers’ personal injury lawyer Kate Cahill, provides tips on how to manage medical malpractice and products liability cases at the Will Davidson Products Liability Litigation Conference. View PowerPoint Presentation: Tips on Managing a Medical Malpractice/Products Liability Case

Birth Trauma Litigation Complex, Controversial

The Lawyers Weekly | April 29, 2016

Birth Trauma Litigation Thumbnail 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

Becoming an “Expert” Expert

Acquired Brain Injury Provincial Conference | November 13, 2015

Wendy Moore Mandel and Deanna Gilbert, personal injury lawyers Toronto 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.

Moore v. Getahun – Experts, Reports and Consultations with Legal Counsel

January 29, 2015

Alan Farrer, managing partner 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

Revisiting Intrapartum Pathways to Neonatal Neurologic Injury – A Lawyer’s View of the Medicine

January 19, 2015

Richard Halpern, best personal injury lawyer Toronto 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

Loose Lips Can Sink Ships: Waiver of Privilege

Accident Benefit Reporter Volume 15, Issue 2 | November 2014

Robert Ben, best personal injury lawyer Toronto 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

5 Tips to Being a Great Expert Witness

Personal Injury Alliance (PIA) conference "Practical Strategies for Experts: The Shifting Landscape" | October 23, 2014

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

Advancing Pecuniary & Non-Pecuniary Claims Under the Family Law Act

Presented at the Oatley McLeish Guide to Motor Vehicle Litigation Seminar | March 26, 2014

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

Intrapartum Pathways to Neonatal Neurologic Injury – A Lawyer’s View

OTLA Medical Malpractice Conference | January 29, 2014

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

New Ideas for OT’s, PT’s, and SLP’s

Presented at the Back to School Conference "Hospital to Home: Working Collaboratively" | September 12, 2013

Aleks Mladenovic, best personal injury lawyer 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  

A Close Look at a Case Involving Placental Abruption and Birth Trauma

The Birth Trauma Conference | June 24, 2013

IE Consent Forms: Not So Simple As “Sure, Where Do I Sign?”

presented at the Canadian Defence Lawyers Annual Accident Benefits Symposium | April 25, 2013

Deanna Gilbert, personal injury lawyer Toronto 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

Managing Subrogated Claims in Personal Injury Actions and Subrogation Checklist

Written for the Osgoode Certificate in Personal Injury Law & Practice | April 2013

Sloan Mandel and Deanna Gilbert, personal injury lawyers 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

Legal & Medical Case Studies & Discussion

Canadian Society of Medical Evaluators Conference "Ethics: When Lawyers and Experts Meet"

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?

TORT DAMAGES – The Claims That You Never Knew You Had (and Those You Don’t)

presented at the St. John's Rehab Lunch & Learn

Setting the Stage: Litigating Obstetric Claims, Litigation Session: Live Demonstrations – Examination for Discovery of a Defendant Physician and Cross-Examination of an Expert Witness

presented at The Osgoode Certificate in Clinical Risk, Negligence, and Claims Management in Health Care

Conducting a Discovery and Implications for Trial – Panel Discussion & Demonstration and Commentary: Opening and Closing the Discovery

The Advocates' Society