Bruce Lemer and Felicity Schweitzer won a $1,513,000 judgement in a 2015 decision in Reyes v. Marsden and recently brought 4 medical malpractice personal injury actions to successful conclusions:
- Action against a prison nurse on behalf of a prisoner who was experiencing a heart attack. The nurse failed to recognize the signs and symptoms of a heart attack and the urgency for treatment, resulting in a delayed diagnosis and treatment.
- Action against an opthalmic surgeon resulted from incorrect laser treatment of an eye disease which compromised the vision in one eye.
- Action against a laser vision clinic for blindness in one eye caused by the an incorrectly assembled component of the laser.
- Action against a surgeon for the death of a young husband resulting from the failure to take action on the signs of post operative bleeding.
Medical malpractice actions take a great deal of time and resources to ensure a successful outcome and the Reyes case is an example. In presenting the plaintiff’s case Lemer & Company retained two neuro-surgeons, an emergency room physician from Ontario, a neuro-radiologist from California, an economist, occupational therapist and vocational rehabilitation expert. The plaintiff must show that the physician, pharmacist or nurse failed to provide a reasonably competent standard of care. Errors in judgment are not necessarily negligence, even if those errors caused an injury.
The Canadian Medical Protective Association (CMPA) is the organization that defends doctors in Canada. It has substantial assets and the ability to obtain expert evidence readily. The CMPA is known for being very vigorous in its defense of physicians, so it is crucial that you have malpractice lawyer who is just as zealous and with the resources to obtain the highest quality of experts to provide evidence.
The justice system provides two very useful benefits to society with respect to medical malpractice claims. First, it gives people the right to obtain damages for any losses and suffering that they have had to endure due to medical errors and negligence. Second, the threat of a lawsuit persuades hospitals to do a better job in protecting their patients from harm in the first place.
If you believe you have been harmed as a result of medical negligence you should retain a skilled Vancouver medical malpractice lawyer. Learn about Bruce Lemer’s expertise and experience by clicking here. Call for a free consultation.