News
Medical Malpractice
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.
Saadati v Moorhead
The recent decision from the Supreme Court of Canada in Saadati v Moorhead may signal a change in how damages are awarded in obstetrical cases. Prior to the Saadati decision, a parent who’s child suffered a birth injury had no legal right to claim for the pain and suffering the parent has experienced unless the parent had been diagnosed with a recognized psychiatric illness arising from the birth of his or her child. The recent decision from the Supreme Court of Canada in Saadati v Moorhead may signal a change in how damages are awarded in obstetrical cases. Prior to the Saadati decision, a parent who’s child suffered a birth injury had no legal right to claim for the pain and suffering the parent has experienced unless the parent had been diagnosed with a recognized psychiatric illness arising from the birth of his or her child.