Resolving Medical Malpractice Claims in British Columbia

Many litigation lawyers avoid taking on medical negligence claims (medical malpractice claims) because of the difficulty in meeting the legal and evidentiary standards of proof against doctors and/or hospitals suspected of negligence in patient care. At Murphy Battista LLP, medical negligence claims represent a significant part of our practice.

Our law firm’s success on behalf of individuals and families affected by negligence in diagnosis or treatment is based on our years of experience gathering, analyzing and presenting complex medical evidence to insurers and before the courts. The legal team at Murphy Battista works effectively with a wide range of medical experts who are in a position to identify systemic failures in patient care and objectively evaluate the performance of their professional peers.

We handle a wide variety of negligence claims against doctors, hospitals and other health care providers. We also know what it takes to overcome the resistance of the Canadian Medical Protective Association (CMPA), the insurer that covers British Columbian doctors in medical negligence actions. Contact Murphy Battista for a free consultation.

Examples of our medical negligence experience include:

  • Misdiagnosis, delayed diagnosis and similar errors in emergency treatment, family practice and radiology
  • Medication errors in either the prescription or the administration of drugs
  • Surgical errors
  • Anaesthesia errors
  • Negligent care by nurses in post-operative recovery
  • Medical errors based on poor communication between doctors and nurses or between doctors from different specialties
  • Medical records errors
  • Birth injuries caused by negligence during delivery or prenatal care

Proving Medical Negligence

Success in a medical negligence claim depends on more than proof of an error in judgment or practice on the part of a health care professional. It is also necessary to prove that the error causing the injury was of a kind that a reasonably careful professional would not have made under similar circumstances, and that the negligence actually resulted in the patient’s injury or death.

This burden of proof means that expert review of the circumstances and expert testimony will ordinarily be required to determine the viability of the medical negligence claim and to overcome the objections that the CMPA will be certain to raise in defending the actions of the doctor involved. At Murphy Battista, our experience properly investigating and proving medical negligence claims means that your case will be handled efficiently and knowledgeably.

For additional information about your potential claim for medical negligence claims in B.C., contact Murphy Battista for a free consultation.

Insights

When Worlds Collide: Medical Malpractice Can Lead to Denied Critical Illness Insurance Claims

October 18, 2021

The purpose of critical illness insurance Critical illness insurance provides peace of mind coverage for someone diagnosed with a serious medical condition. Typical conditions covered by critical illness policies include cancer, heart attack, and stroke, but can also include other conditions such as Alzheimer’s disease or even blindness. Insurance company…

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Medical Malpractice – Biased Medical Treatment Causing Injury – Part I

June 14, 2021

When hearing the term “medical malpractice,” many people envision a scene in which a doctor has carried out a surgery in a shoddy manner, a nurse administers the wrong medication, or a radiologist fails to report an ominous sign on a CT scan. Unfortunately, such events do indeed occur in…

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Doctors do make mistakes. Whether that amounts to medical malpractice depends on the facts.

March 30, 2021

I have represented clients in medical malpractice cases for 25 years. During that time, I have made some interesting observations. As Canadians, we are fortunate to have many excellent and dedicated doctors to care for us. Medicine is very complex. It is expected that a doctor’s first thoughts about a…

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Medical malpractice. A new standard in the standard of care?

June 17, 2020

A recent decision by the Ontario Court of Appeal may be a game-changer in medical malpractice claims – and not to the benefit of plaintiffs. In medical malpractice cases, one of the most hotly contested elements the plaintiff needs to prove is often whether the doctor’s or nurse’s care fell…

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Medical malpractice disguised

June 9, 2020

Medical malpractice occurs when a doctor fails to provide proper medical care to the standards expected of their profession and as a result causes injury to a patient. When an injury occurs, that could have been prevented the injured patient is legally entitled to seek compensation. Many patients do not…

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Five things you should know about medical malpractice claims.

July 27, 2018

After experiencing an incident with a doctor, health practitioner or hospital many people know something is amiss but they are not sure what questions they should be asking their lawyer beyond whether they have a medical malpractice claim. To help put these situations in context here are five questions and…

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In the News

Murphy Battista LLP acting in medical negligence case on behalf of Lake Country woman whose husband tragically died of necrotizing fasciitis.

April 7, 2022

Keri Grenier of our Kelowna office represents Ms. Britney Stewart, whose husband, Josh Wakely, died of necrotizing fasciitis (commonly known as flesh-eating disease) after seeking medical attention in Fort St. John on three separate occasions. Tragically, by the time the infection was correctly diagnosed, it was too late to save…

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Alex Sayn-Wittgentstein interviewed by Canadian Lawyer magazine regarding medical bias in malpractice cases.

July 5, 2021

Alex Sayn-Wittgenstein spoke with Canadian Lawyer’s regarding the potential legal implications of doctors and nurses having stereotypes, biases and presumptions about their patients. Alex discusses, things Canadian Lawyers should look for, the state of case law and any other insight he has for Canadian Lawyers. Read the full article: Medical…

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Testimonials

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Melissa Grassmick
5

Murphy Battista was excellent to work with for our medical malpractice claim. We didn’t know what to expect but Alex made it as easy as possible and was wonderful to work with. Even though we are based in the Okanagan, the use of zoom, mailing documents and phone calls as needed made everything seamless. Highly recommend Alex Sayn-Wittgenstein and the firm. Thank you for helping us through the whole process.

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Ken MacDonald
5

My Name is Ken MacDonald. In 2014 I suffered a medical set back and felt that I wasn’t properly looked after. I consulted with Mr. Steve Gibson who took my case on and was very happy to do so. Steve took me under his wing and was always considerate to myself and my family. Steve and his assistant “Jenny Chan” who has to be the best in the City, were always considerate of what I was going through. It’s not an easy process to go through but they made me feel that I was in good hands always! Mr. Gibson did an incredible job and he put myself and my family back together again. The judge afterwards told me that I had one of the best legal lawyers in the City and I couldn’t have gone wrong. When she said that I was very proud of Steve for having him as my lawyer. If you think you have any type of medical legal problem,you will definitely be in the best of hands with Steve Gibson! Thanks Again Steve and Jenny!

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