News

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.

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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.

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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.

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Gina Murray to Clerk at the Supreme Court of Canada

Weir Bowen LLP is excited to announce that our former summer law student and incoming articling student, Gina Murray, has been selected from among dozens of candidates nationwide to Clerk...

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The Steps in a Civil Action

Introduction Litigation in Alberta is generally a lengthy, complicated process involving several steps. The litigation process can be confusing and intimidating for first-time litigants.

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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?

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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.

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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.

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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.

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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.

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