News
Medical Malpractice
Causation and Negligent Omissions
A common issue faced by plaintiffs in medical malpractice actions is proving causation in the face of a negligent omission such as where a medical provider fails to conduct indicated testing.
DD v Wong Estate, 2019 ABQB 171
On March 11, 2019 the Honourable Mr. Justice W. N. Renke released his decision in DD v Wong Estate, 2019 ABQB 171. Weir Bowen lawyers Joseph Miller Q. C.
What is a Contingency Fee Agreement?
A person may retain a lawyer through several different methods, such as a flat fee for legal services, a retainer to pay for legal services on an ongoing hourly basis, or using a contingency fee arrangement.
Total Body Cooling and Birth Injury Claims
When a lawyer is consulted about a birth injury, the lawyer will begin the analysis by determining a few critical elements: what caused the injury and when did the brain injury occur. How do these questions relate to cooling?
A Letter to Moms of Children with Cerebral Palsy
If you are a mom, you have likely experienced “mom guilt” at one point or another. As a working mother, I have had my fair share. The more I speak with other mothers, the more I realize that it is an almost universal feeling. It is rarely rational and logical, but that feeling remains, all the same. We can explain it away in our heads, but our hearts don’t listen. For what it’s worth, I think it has to do with the basic human instinct that we have control over everything in our lives, even when we know that we don’t.
The Truth About Medical Consent Forms
Medical consent forms are frequently signed by patients prior to undergoing medical or surgical treatment. However, the legal effect of the medical consent form is not well understood by many Canadians.
Why Don’t More People Know About Preventable Cerebral Palsy?
Did you know that a large proportion of cerebral palsy is preventable? This may come as a surprise to even the most knowledgeable of us, including parents of children with cerebral palsy, and even doctors. Often our clients tell us that they have been told by their health care professionals that “these things happen”, and an explanation of what happened to their child is not given to them.
Base Deficit
For parents with a child suffering from a birth injury there are a bewildering number of laboratory tests and imaging which healthcare providers use to manage the care of a newborn baby. If a baby has suffered a possible brain injury due to oxygen deprivation during labour and delivery, it is likely that cooling will be recommended by the treating doctors.
Fetal Size and Growth
One of the rituals of pregnancy is estimating the size of the baby. Everyone has an opinion. Does fetal size matter? The answer is that in some situations size or, perhaps more accurately, growth does matter. This article will review why size and fetal growth in a full term pregnancy is important. The topic of small babies born preterm or prematurely will be addressed in other articles on this website.
Biophysical Profile
Biophysical profiles are a form of test used to assess fetal wellbeing, usually performed during the third trimester. This test was developed by Dr. Frank Manning, an obstetrician who practiced in Winnipeg before moving to New York. It has been in use for approximately 30 years and is a relatively simple, risk free procedure that can provide important information on fetal wellbeing.
INDIGENOUS LAND ACKNOWLEDGEMENT
The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).
Weir Bowen acknowledges the many First Nations, Métis and Inuit who have lived in and cared for these lands for generations. We are grateful for the traditional Knowledge Keepers and Elders who are still with us today and those who have gone before us. We make this acknowledgement as an act of reconciliation and gratitude to those whose territory we reside on or are visiting.