Not every bad outcome in medicine is the result of medical malpractice. Almost all medical procedures have some amount of risk, and some illnesses cannot be cured despite the best medical care and treatment. But an error can result in a serious injury and an medical malpractice claim if a doctor, hospital, nurse or other health care provider, deviates from the acceptable professional standard of care, or deviates from the accepted standard of care in rendering treatment, which results in injury or death. In these circumstances, the medical provider may be liable for damages.
Due to the complexity and expense associated with medical malpractice claims, our threshold for taking on medical malpractice claims is high — there must be a disabling, life-threatening or fatal outcome, not merely a mistake that caused a minor injury. In order to be successful in your claim, we must prove that the health care professional did not do what other physicians, nurses or other hospital staff, would have reasonably done in the same situation.
Determining whether you have a medical malpractice claim requires a detailed review of your medical records and, often, consultation with an independent medical professional. As such, we will need to obtain and review your medical and hospital records. If, after reviewing the medical records, we are of the opinion that there is some indication of malpractice, we will proceed with retaining a medical expert to provide a preliminary opinion.
Medical malpractice law in British Columbia is complex, and investigations into the viability of your claim need to commence as soon as possible following the injury so evidence can be obtained quickly if needed.
If we decide to take your case, we will usually do so on a contingency (percentage of recovery) basis. We have experience handling complex cases involving spinal cord and brain injury and have and extensive network of medical experts we work with on our cases.
Manufacturers of products as well as designers, distributors and retailers have a responsibility to protect the safety of their consumers. If you or a loved one has been hurt as a result of a dangerous product, it is important to speak to a lawyer about your rights.
If a consumer is injured while using the product in the way it was designed to be used, liability may lie with some combination of the designer, manufacturer, distributor or seller. We will investigate the circumstances of your injury in order to determine who is liable and hold that party accountable for the damages you have suffered.
We represent the victims of product liability injuries and seek all appropriate compensation for our clients, including for rehabilitation costs, pain and suffering, and lost wages.
We represent people who have been injured on land or in buildings that are owned by others. In British Columbia, the law imposes legal responsibilities on property occupiers to take reasonable care to keep people entering the premises reasonably safe. An “occupier” can be a person, company, city, or other entity, and they can be liable to you for your injuries if they owned the premises, had possession of them, or if they had responsibility for them and control over them.
These legal claims are governed by the British Columbia Occupiers Liability Act and are referred to as occupier liability or premises liability cases. The Act and the court cases that interpret it create a complicated, detailed area of law.
These claims can be the result of:
• Slippery sidewalks, parking lots or outdoor stairs covered with ice, snow or water
• Uneven pavement, steps or floors
• Unsafe or missing railings
• Slippery floors from liquid spills, washing or waxing
• Slick objects on the floor like produce in a grocery store
• Tripping hazards
• Inadequate lighting
• And others
What to do if you have suffered a personal injury in a slip and fall accident?
• Take photos of the location of the slip and fall accident as soon as possible
• Get the names and contact information for any witnesses to the accident
• Report the accident to the occupier or owner of the property
• Photograph and keep the footwear you were wearing at the time of the accident and preserve any other evidence you think may be relevant
• Follow the advice or treatment recommendations of your family doctor
It is important for anyone who is injured on the premises of another to consult with a lawyer as soon as possible to understand what legal options for recovery are available and how to take legal action such as a personal injury lawsuit under the Act.
Another reason to seek legal advice as soon as possible is that there are filing and notice deadlines that if not met could prevent an otherwise valid claim from going forward. If the land involved is publicly owned or occupied by a governmental body, the injured person should immediately contact the municipality or other governmental body involved to give required notice of the legal claim. In some cases the notice requirements have relatively short deadlines.
If we decide to take your case, we will usually do so on a contingency (percentage of recovery) basis. We have experience handling complex cases involving "slip and fall" injuries.
