Resolving Medical Malpractice Claims in British Columbia

Many personal injury lawyers avoid 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.


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Medical Malpractice – Biased Medical Treatment Causing Injury – Part I

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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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Trial Results

Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.

Our client had suffered a stroke during open heart surgery caused by an air embolism entering her blood stream. The defendants disputed their liability for the injuries alleged as well as the severity of the consequences of the stroke. On this application, the defendants sought an order compelling our client to produce all content from her Facebook and Twitter profiles, as well as documents from her hard drive, iPhone, and digital camera. The court accepted our argument that it must balance disclosure with privacy rights and, in this case, there was no reason to invade the plaintiff’s privacy. The judge held: “I am unable to envisage any rational justification for breaching the privacy rights of an individual in civil proceedings simply because it is alleged that the individual’s general health, enjoyment of life and employability are directly at issue. Merely because a record may be made of the communication shouldn’t make it any different than a private telephone conversation. If not, surely applications in civil proceedings for recordings of private communications can’t be far behind.” This does not mean social media will not commonly have to be produced – one should always assume that everything they put on the internet can become public.


Ken MacDonald

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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