The Wagners - A Serious Injury Law Firm blog shares Personal Injury stories and opinions relevant to Halifax, Nova Scotia residents. Let us know what you think.

Sexual Abuse of Boy Scouts Confirmed by Audit

Victor Lewin
Monday, July 23, 2012

The Scout movement is a worldwide youth movement with the stated aim of supporting young people in their physical, mental and spiritual development so that they may play constructive roles in society. Scouts Canada bills itself as the country's leading youth organization.

A Doctor's Duty of Care - Important for Mothers and Their Unborn Children

Victor Lewin
Monday, July 16, 2012

All doctors have a duty of care to their patients. In short, this duty is to treat their patients in a manner that reasonably prevents harm. Because the potential for severe injury is so significant, the importance of meeting their duty of care is especially important in obstetrical care. Doctors and nurses owe a duty of care to two patients simultaneously: the mother and the fetus.

Cerebral Palsy as a Result of Medical Malpractice

Victor Lewin
Wednesday, June 06, 2012

A doctor and hospital's nurses are responsible for providing a mother and her baby with safe, comprehensive medical care during the infant's delivery. However, if the delivery room physician makes a mistake, such as failing to account for a potentially serious health issue or wrongfully using an instrument during birth, he or she may cause permanent damage to the child. Likewise, if a nurse makes a mistake, like failing to identify signs of fetal distress and promptly notifying a doctor, serious injuries can happen. Unfortunately, some of these medical errorscan lead to lifelong brain damage in the form of cerebral palsy.

Medical Malpractice - Injury During Your Baby's Delivery, When to Consult a Lawyer

Victor Lewin
Wednesday, May 30, 2012

Seeking medical treatment can be intimidating. There can be a lot going on that we might not understand and there is a lot of information about what to expect when recovering that might be confusing. This can make it hard to figure out if something has gone wrong during the medical treatment, or if it is par for the course. When you are having a baby this can be even more intimidating, because you are concerned about your own health as well as the health of your baby.

Doctor Negligence During Delivery of Babies Can Cause Brain Injuries

Victor Lewin
Friday, April 20, 2012

Babies are born every day in Nova Scotia, New Brunswick and PEI. While the birth of a new baby is usually one of the joyful moments in parents' life, tragically, there are times when that happiness can become catastrophic. All too often, as a result of the negligence a doctor or nurse, things go wrong in the hours or days before a birth causing lifelong permanent injuries to the child.

Proving Medical Malpractice and Causation by Inferences

Victor Lewin
Saturday, April 07, 2012

Unfortunately it happens all too often that patients in Nova Scotia, New Brunswick and PEI are injured by a medical error. Medical malpractice cases can often be difficult to prove because the medical/hospital records are not readily available due to the passage of time. An experienced medical malpractice lawyer can still achieve justice on behalf of an injured patient in spite of the destruction of records. An example of this can be seen in a recent case out of the Ontario Court of Appeal.

Litigating the Claims Against the Nova Scotia Home for Colored Children - Part 2

Victor Lewin
Wednesday, March 21, 2012

Two institutions. Both opened in the 1920s. Both funded by the Province. Both with poor conditions and unqualified staff. And both with allegations of serious abuse perpetrated by staff members. But the similarities end there.

When one juxtaposes the situations between the two institutions, the differences in how the allegations have been handled are startling and readily apparent.

In relation to Shelburne, after a few victims came forward, the Province quickly decided to fund an investigation into the abuse. The investigation revealed that residents were abused and the Province quickly agreed to compensate the victims, approximately 5 years after the original complaint was brought with the RCMP.

In relation to the NSHCC, no funds for an investigation were provided, no inquires into the merits of the abuse claims were made and no compensation has ever been provided.

Rather, unlike the Shelburne situation, the sole focal point of the Defendants in the NSHCC claims were to repeatedly apply to the Court to deny the claims on the basis that the victims should have brought their actions sooner. Not to dispute the claims but to use Nova Scotia's antiquated limitations laws to stop the claims. In addition, the abuse victims have had to undergo emotionally painful discovery examinations and answer questions of an invasive nature.

There is another difference between the NSHCC and Shelburne which can be distinguished. The majority of the Shelburne victims were white. The vast majority of the Colored Home victims are black.

The stark contrast between the way that the allegations of abuse at the Nova Scotia Home for Colored Children and Shelburne have been handled lead to serious questions.

Why did the Province fund an investigation for victims in Shelburne but not for the victims of the NSHCC?

Why were people charged in relation to abuse at Shelburne but not in relation to the NSHCC?

What makes the Colored Home abuse victims any different from the Shelburne abuse victims?

Why did the Province agree to compensate Shelburne victims 5 year after the complaint was brought while it continues to deny justice to Colored Home victims almost 10 years after the complaints were brought?

The victims of abuse at the NSHCC believe it is time for the Province to answer these questions.