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.

The End of "Fishing Expeditions" in Civil Litigation

Victor Lewin
Wednesday, June 08, 2011

Civil litigation can be costly and time consuming. These costs can make civil justice unaffordable to many victims injured in car accidents, medical malpractice, slips and falls, etc. Parties to civil litigation are obligated to disclose all relevant documents. The more that a party is required to produce, the more costly and time consuming the litigation will be. Insurance companies understand this and it is not uncommon for them to demand production of large volumes of materials with the effect of increasing costs to injured victims (and making access to justice inaccessible). Courts in Nova Scotia have routinely allowed this to take place. Insurance companies were allowed to go on "fishing expeditions". Production would be ordered so long as the materials produced may be helpful. Often times, injured victims - at their own cost - would have to produce materials that ultimately had no relevance. This approach drove up the cost of litigation and mainly benefited insurance companies. ..

Wagners Obtains Seminal Decision on Medical Malpractice Jury Trial

Victor Lewin
Thursday, June 02, 2011

Compartment syndrome is one of the most common complications associated with arm and leg fractures. It results in tissue death from lack of oxygenation. If not properly guarded against, compartment syndrome can result in blood vessels being compressed by the raised pressure within the compartment. Unless it is recognized and treated at an early stage, it can have very serious and permanent consequences. Doctors and nurses responsible for treating patients suffering fractures must be on the lookout for the signs and symptoms of compartment syndrome. Failure to do so is below the standard of care. If compartment syndrome is suspected, doctors must act immediately because waiting can result in grave injuries.
 ..