Exploring the challenges of medical malpractice litigation

Panel of experienced trial lawyers examine complex practice area in upcoming webinar

Exploring the challenges of medical malpractice litigation

This article was created in partnership with Bogoroch & Associates LLP.

Bogoroch & Associates LLP is hosting a webinar that will cover the challenges and complexities of medical and hospital malpractice litigation.

“These cases are unique from other kinds of civil litigation — the complexity of the issues involved is unparalleled,” says Heidi Brown, partner at Bogoroch & Associates and one of the panellists for the webinar. “The concepts of standard of care and causation are complicated, and doctors and hospitals have enormous resources at their disposal to vigorously defend these cases which can last for several years.”

Counsel acting for plaintiffs must have the ability, skill and experience to effectively litigate in this area of practice, and those requirements are well-represented on the webinar’s panel. Joining Brown is Richard Bogoroch, managing partner at Bogoroch & Associates LLP, Daniela Pacheco, partner at Neinstein Personal Injury Lawyers, and Barbara MacFarlane, partner at MD Lawyers. These experienced trial lawyers will address recent case law and timely and topical issues including the role of the expert witness, how to select them and practical tips for examining and cross-examining them, as well as jury and non-jury considerations and the future of medical malpractice litigation.

The panel will also dive into case selection and the increasing expense involved from investigation to trial, as firms in this area of practice must have a discerning eye when it comes to which cases they take on, says Bogoroch. By marrying the skill and experience of its lawyers with a disciplined approach to managing cases, the firm proceeds to litigate only when persuaded that a case is meritorious and worth proceeding to at least the examinations for discovery, which is often required in order for the lawyers to consider the strengths of the case.

“We have an ongoing approach of considering, weighing and analyzing the evidence as part of our risk assessment,” Bogoroch says, noting much of the firm’s work has contributed to the body of case law in the field, including Surujdeo v. Melady, a 2017 Ontario Court of Appeal decision dealing with questions for a jury; Stirrett v. Cheema, a 2020 Ontario Court of Appeal decision dealing with fiduciary duty; and Boutcher v. Cha, an important case on standard of care that was decided in December 2020.

“The paradigm for medical malpractice results in a practice area that makes it difficult and expensive for plaintiffs to pursue these cases. Every case that proceeds to trial is an example of access to justice writ large – and helping clients access justice is the overarching philosophy of our firm.”

The exclusive one-hour webinar is complimentary, and geared toward lawyers, paralegals, law clerks and persons interested in learning more about the complex practice area of medical and hospital malpractice litigation. Sign up now and benefit from the insight of this powerhouse panel.

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