Category: Medical Malpractice

How much time do I have to file my injury claim in Nova Scotia?

by John McKiggan

What is a statute of limitations?
Every province in Canada has a law (statute) that sets time limits for how long a plaintiff has to file an injury claim with appropriate insurance companies and in court. This type of legislation is generally referred to as a statute of limitations, although it goes by a different name in various Canadian provinces. In Nova Scotia it is called the Limitation of Actions Act, and it’s important for everyone to understand how this plays a factor within every injury case and insurance claim

In September of 2015, the legislature significantly changed Nova Scotia’s Limitation of Actions Act. The changes significantly reduced the amount of time that plaintiffs have to file various injury claims. You can read more about it here.

The changes to the statute of limitations, in particular the shortened limitation periods, raised the potential that injury claims that wouldn’t have been barred under the litigation process standards within the old act to potentially run out of time under the new Limitation of Actions Act.

Protecting yourself from adverse drug reactions

by John McKiggan

For younger Canadians an adverse reaction to a pharmaceutical drug could be an inconvenience, but to seniors it could be life threatening. A report from the Canadian Institute of Health Information (“CIHI“) states that roughly 27,000 patients a year over the age of 65 end up in the hospital as a result of adverse reactions to their drugs.

According to the CIHI approximately 0.5% of Canadian seniors end up in the hospital every year due to their medication.

Further the cost to health carecare system in Canada of adverse drug reactions among seniors comes to approximately $35.7 million a year.

Brain Injury Myth: Mild Traumatic Brain Injury is not Disabling

by John McKiggan

Perhaps the biggest myth of brain injury is that mild traumatic brain injuries are not disabling.

They Look Okay

Since persons with traumatic brain injuries do not look obviously injured and many can function reasonable well in society, there is a common misperception that a traumatic brain injury is not as disabling as more obvious physical injuries.

Class Action involving “disgraced” pathologist to proceed: NB Ct. of Appeal

by John McKiggan

Dr. R. Menon tried to stop a class action filed against him by patients whose test results were mis-read by Menon.

The New Bruswick Court of Appeal ruled last week that the class action can proceed.

I have been following this fiasco for the last two years. For more information you can take a look a some of my past posts:

Facebook Being Used Against Personal Injury Victims

by John McKiggan

Defence Lawyers on Facebook

Everybody seems to be interested in Facebook, Twitter and all the other social media networks these days. That includes lawyers who represent insurance companies. There have been a series of cases across Canada where lawyers for insurance companies have demanded production of plaintiffs’ Facebook pages in order to use the information against the plaintiff.

Depressed Victim Looked Too Happy

What is a “Discovery”? Halifax Personal Injury Lawyer Explains

by John McKiggan

The Discovery Process

One of the most important steps in any personally injury claim is the oral discovery. If you file a lawsuit for compensation for personal injuries you will be required to testify about your knowledge of the event that lead to the lawsuit and your knowledge of the injuries that you have suffered.

In other words; what happened? How badly were you injured? How have the injuries effected your life?

2 Questions To Ask Before You Hire a Personal Injury Lawyer

by John McKiggan

2 Important Questions

There are two questions that almost every single client asks me during our first meeting. They are questions that I think every person who has suffered a personal injury should ask their lawyer before they decide to hire them.

The two questions are:
1. How long will this take?
2. How much will I get?
The honest answer to both of these questions (at least during the initial interview) is: “I don’t know”.

Ontario Court of Appeal Tries to Bring Clarity to Calculating Loss of Housekeeping Claims

by John McKiggan

Landmark Ruling Regarding Loss of Housekeeping Capacity

In the 1991 decision of the Saskatchewan Court of Appeal in Fobel v. Dean, the court confirmed that loss of housekeeping capacity has value and an injured plaintiff is entitled to be compensated for the loss of that capacity.

Nova Scotia Confirms Claims for Loss of Housekeeping

In 1998, Nova Scotia Court of Appeal confirmed that the loss of housekeeping capacity is a separate and distinct head of pecuniary damages and must be compensated for accordingly. In Carter v. Anderson, Justice Roscoe stated:

June is Brain Injury Awareness Month

by John McKiggan

Last week I had the pleasure of golfing in the Brain Injury Association of Nova Scotia’s 18th annual 18 Holes for Hope Golf tournament.

Brain Injury Awareness Month

The tournament is one of BIANS’s major fundraisers and I was happy to be part of the organizing committee.The tournament is held in June every year as part of Brain Injury Awareness month.

Nova Scotia Personal Injury Claims: How Much Is My “Pain and Suffering” Worth?

by John McKiggan

One of the challenges that I face as a Nova Scotia personal injury lawyer is explaining to people who have been seriously injured how much compensation they are entitled to receive.

Pain and Suffering

One of the heads of damages that the court will consider when awarding compensation is what lawyers refer to as “non-pecuniary damages”. Most people refer to this type of damages as “pain and suffering”.