- HPARB Rules on Kinesiologists and FAE Reports Featured Case: C.M. & P.M. , First published in MB Professional Liability News Alert, December 20, 2017
- A Chiropractic Malpractice Case - Martin Smith, November 20, 2017
MALPRACTICE & HEALTHCARE LITIGATION
Malpractice and healthcare litigation are complex areas of the law that can have devastating professional and financial impacts on doctors, nurses, and other healthcare professionals if not handled properly. Such litigation can also adversely affect hospitals, clinics, and the manufacturers of healthcare products and pharmaceuticals. Even before legal proceedings are initiated, a publicly voiced complaint can endanger the reputation of the individual or institution. Our objective is to protect our clients' professional reputations and financial stability while respecting their goal to provide excellent care to their patients.
The Malpractice and Health Care Litigation Group is comprised of experienced lawyers who provide advice and representation on a broad variety of legal matters, including the defence of:
- personal injury and malpractice claims related to treatment;
- product liability claims against drug companies and healthcare product manufacturers;
- institutional sexual assault and abuse actions; and
- professional discipline investigations.
Our group represents professionals across various disciplines, and offers a client-centred approach, entailing discreet/confidential counsel and effective advocacy before administrative tribunals and all levels of court. The lawyers in the Malpractice and Healthcare Litigation Group have a strong background in personal injury and products liability claims, and a thorough understanding of the fiduciary responsibilities and privacy issues facing health care providers and their insurers.
- Judge vs. Jury: Considerations for Medical Malpractice Cases by Martin Smith, First presented at the 2022 Canadian Chiropractic Protective Association Legal Conference, June 29, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. by Alan S. Drimer, June 28, 2021
- Enforceability of Settlements in the Context of Self-Represented Plaintiffs - Case Study: Huma v. Mississauga Hospital by Jessica Grant, November 24, 2020
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Collaborative Care and Vicarious Liability , February 16, 2018
- Latency of Claims for Allied Healthcare Providers , February 16, 2018
- Legal Themes utilized for Medical Liability by Catherine A. Korte, February 16, 2018
- Malpractice & Health Litigation Basics in Canada: A Statistical Primer for Practitioners, Professionals, Hospitals, and Insurers , First presented at a client seminar., February 12, 2018
- Court Orders Up to $600,000 Advance Payment in Advance of Personal Injury Med-Mal Trial , December 21, 2017
- HPARB Rules on Kinesiologists and FAE Reports Featured Case: C.M. & P.M. by Howard Borlack, First published in MB Professional Liability News Alert, December 19, 2017
- A Chiropractic Malpractice Case , November 20, 2017
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Self-proclaimed Self-employed Contractor Entitled to Income Replacement Benefits Calculated as an Employee by Michael Kennedy, MB Transportation Newsletter, February 28, 2010