Wagners - A Serious Injury Law Firm
Free Consultation
1-800-465-8794

Halifax Personal Injury Law Blog

What is negligence?

As some Nova Scotia residents may know, proving negligence in a medical malpractice case can be a huge challenge due to Canada's Supreme Court rulings that established certain liability limits and restrictions on such cases. Therefore, it may be important for a plaintiff's case to understand how negligence is defined according to the law.

For a plaintiff to win a medical malpractice claim in a Canadian court, there must exist strong evidence to substantiate his or her allegations of negligence. The injured party must convince the courts that the defendant's breach of duty of care was the proximate cause of the plaintiff's injuries, the plaintiff's injuries were reasonably foreseeable, the defendant did not deliver the standard of care owed and the defendant owed the injured party a duty of care.

Police crack down on distracted driving

Police in Nova Scotia and the rest of Canada made a concerted effort to crack down on distracted driving over the recent holiday. Referred to as Operation Impact, the police initiative was focused on certain distracted driving behaviours that are known to increase the occurrence of car accidents. After months of educational campaigns on distracted driving, one sergeant said that it was time to enforce the laws.

Police officers in Halifax conducted traffic stops during Operation Impact. During the stops, they reminded drivers to buckle seat belts and refrain from cellphone use while behind the wheel. Officers were also looking for impaired drivers and cautioning motorists about the risks of drinking and driving.

Birth injury lawyers representing the maritime provinces

Hospitals in Nova Scotia and other Canadian maritime provinces have high standards of care for newborns. If your baby was not given the proper care before and during birth, serious health issues, such as cerebral palsy, may result. When your newborn suffers serious injury, the experience is distressing. You may end up wondering how your child will receive proper care throughout his or her life.

Because cerebral palsy has different effects on each baby, it may be difficult to predict how the disability will affect your child. Infections or head injuries that happen before birth can cause cerebral palsy. In other cases, cerebral palsy is caused by birth injury.

2014 statistics for serious reportable medical injuries

There is always a risk of surgeries and medical procedures going wrong, and the Department of Health and Wellness is notified of the serious reportable events. According to figures reported from the IWK Heath Centre and the district health authorities, 19 serious reportable events occurred in Nova Scotia from January to March, and eight occurred from April to June.

Of the patient safety incidents reported in the first quarter, 10 were care management events that mostly involved patients acquiring stage three or four pressure ulcers after being admitted to an IWK Health Centre or DHA facility. Others involved the serious disability or death of patients who did or did not receive treatment or who were under professional care for labour or delivery. Six of these incidents were also reported during the second quarter.

1 dead, 1 injured in highway crash

A woman was killed and another driver was injured in a three-vehicle crash in Nova Scotia. According to an RCMP report, the accident occurred when the woman's vehicle was rear-ended and pushed into the path of an oncoming tractor-trailer on Highway 105. Following the car accident, a section of highway near the crash scene was shut down in each direction while police investigated.

RCMP officers reported to the accident scene near Baddeck around 2 p.m. A police representative later confirmed that a 45-year-old Middle River woman who had been travelling in a sedan was struck from behind by a pickup truck while attempting to complete a left-hand turn. Her vehicle then collided with a tractor-trailer that had been travelling in the opposite lane.

Traumatic brain injuries: a public health issue

Nova Scotia residents might not be aware of the extent to which traumatic brain injuries has become a public health issue in not just their particular province but also the country at large. Authorities state that the prevalence of documented cases of traumatic brain injury in Canada has reached 'epidemic proportions." In general, a traumatic brain injury is a non-congenital injury resulting from an external force that impacts the brain so as to alter its functions.

Statistics indicate that young adults constitute the bulk of incidents involving brain injuries. Reportedly, men are two times as likely as women to suffer a brain injury, and fatal bike accidents are often attributed to brain injuries.

Elderly woman dies after crosswalk accident

Authorities say that an elderly woman suffered serious injuries Sept. 6 after a vehicle hit her while she walked across Williams Lake Road in Halifax. The crash occurred at the intersection of Herring Cove Road shortly after 3:30 p.m., resulting in the woman's death.

The 81-year-old woman was using a marked crosswalk at the intersection when the accident happened, and the signal for the crosswalk was on to allow her to walk across. However, a 71-year-old male driver who was turning right onto Herring Cove Road struck her. Paramedics took the woman to hospital, but she died from her injuries on Sept. 7. Police did not file charges against the driver pending further investigation.

Woman sentenced in fatal DUI accident

A Nova Scotia woman was sentenced to five years in prison for the death of a 55-year-old man in a July 2013 car accident following a guilty plea of DUI causing death and DUI causing injury. The judge ordered her to serve a concurrent sentence of three years for the injuries her friend suffered in the same accident. Her Honda Civic drove into an SUV that was driven by the man on his way to work. The July 10 drunk driving accident occurred at about 6 a.m. outside of Lawrencetown Beach where the accused woman had been drinking.

Both the driver and her passenger were thrown from their car and hospitalized due to their life-threatening injuries, according to reports. Although the other man was rushed to a medical facility, he did not survive. His wife expressed her grief and emphasized the dangers of drunk driving. A representative with MADD of Canada observed that the length of the sentence sends a clear message to the public that drunk driving will not be tolerated.

3 motorcyclists injured in accident, charges unlikely

Nova Scotia police say that three motorcyclists were injured in a collision on Aug. 24. The crash happened on Pleasant Valley Road near Brookfield as the driver of a vehicle says that she was trying to turn. During the turn, she crashed into the three motorcycles. Police say that signage in the area was inadequate, and charges against the female driver are unlikely.

While one of the motorcyclists suffered only minor injuries, the other two suffered serious injuries. The motorcycle accident has prompted motorcycle groups to plead for drivers to pay better attention. The clubs have been pushing for motorcycle safety signage, and there are plans for about 12 more to be installed across Nova Scotia before the end of summer 2014.

Nova Scotia government releases first patient incident report

A recently released government report from the Nova Scotia Department of Health and Wellness that sheds light on "patient incidents": errors or accidents that happen in medical facilities. While this report, the first of its kind in the province, may be a step in the right direction, some say, it may not go far enough.

Up to the point the report was released, 2014 had seen 27 serious patient incidents related to causes such as surgery, labour and general patient safety issues, including falls. These incidents are based on individual quarterly reports from hospitals. This is the first time that the government has released this type of information to the public. The chair of the government committee in charge says that the purpose of the report is being "transparent" as well as identifying the major issues that are causing the incidents.

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.