Halifax Personal Injury Lawyer Blog

May 24th, 2011

Nova Scotia Car Accident Claims – Hands Free Cell Phones Don’t Reduce Traffic Risks

I was driving to work this morning and some lady talking on her cell phone almost sideswiped me when she swerved into my lane of traffic. She wasn’t holding the cell phone. She was using a headset. But she didn’t have a clue about the rush hour traffic that was surrounding her.

Hand Held Cell Phone Ban
It has now been three years since Nova Scotia introduced its law requiring drivers to use hands free cell phones.

However, recent research suggests that the use of hands free cell phones does not reduce the risk associated with cell phones and traffic safety.

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May 13th, 2011

Head Injuries in Children: CT Scans Not Always Necessary For Diagnosis – Nova Scotia Brain Injury Claims

by John McKiggan

A study of children with minor head trauma at Boston Children’s Hospital suggests CT scans may not be necessary when diagnosing children who have suffered head trauma.

The study indicates that the use of a CT scan can be reduced by up to 50% without compromising care simply by observing children. This is a positive finding because reducing CT Scans reduces children’s exposure to unnecessary radiation.

The June issue of Pediatrics Journal contains the results of a study lead by Boston Children’s Hospital and the Department of Emergency Medicine at UC Davis. One of the co-authors of the study Lise Nigrovic stated:
“Only a small percentage of children with blunt head trauma really have something serious going on. If you can be watched in the ED for a few hours, you may not need a CT”.
The study reviewed the results of more than 40,000 children who had been admitted to emergency departments with blunt head trauma. Some of the children had CT scans ordered immediately. Others were observed before a decision was made about the use of a CT scan.

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May 12th, 2011

Class Actions: Supreme Court Allows Nursing Home Claim to Proceed on Narrower Grounds

by John McKiggan

The Supreme Court of Canada released it’s decision today in Alberta v. Elder Advocates of Alberta Society

A class action was filed on behalf of residents in long-term care facilities in Alberta claiming that the government artificially inflated the accommodation charges to subsidize the cost of medical expenses. They initiated a class action alleging that the Province of Alberta and the the resident’s health care. Under provincial legislation, Alberta is responsible for the cost of medical care required by the residents of nursing homes and auxiliary hospitals.

The class members claimed damages for breach of fiduciary duty, negligence, bad faith and/or unjust enrichment. They also filed a claim under s. 15(1) of the Canadian Charter of Rights and Freedoms.

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May 5th, 2011

Infant Safety: Babies Being Given Dangerous Herbal Remedies

by John McKiggan

The latest edition of Pediatrics Journal contained a study published by the University Hospital Medical Centre in Cleveland Ohio which shows that 9% of babies are being given a wide variety of herbal supplements. The study states that this is a concern because some of the herbs may pose health risks to babies.

Unregulated

The problem arises because herbal supplements are not regulated the same way as drugs and pharmaceuticals. The herbal remedies may cause adverse drug reactions and may be contaminated.

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May 5th, 2011

Court of Appeal Upholds Record Award for Chronic Pain – Degennaro v. Oakville Trafalgar Memorial Hospital

by John McKiggan

The Ontario Court of Appeal recently released its reasons in Degennaro v. Oakville Trafalgar Memorial Hospital. The Court of Appeal confirmed a $3 million compensation award for chronic pain stemming from a slip and fall injury.

As far as I can tell, the decision is the largest compensatory damage award from chronic pain in Canada.

Diane Degennaro was visiting her son who was a patient at the Oakville Trafalgar Memorial Hospital. A nurse at the hospital offered Ms. Degennaro a bed to sleep in while she was staying with her son. When Ms. Degennaro sat on the bed it collapsed and she fractured her sacrum (the pointed bone at the base of the spine).

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April 26th, 2011

Hockey Players Losing More Time Due To Concussions – Nova Scotia Brain Injury Claims

by John McKiggan

Fewer Brain Injuries But More Time Lost

This month’s issue of the Canadian Medical Association Journal contained a study of NHL hockey players over 7 seasons. The study indicated that while the number of concussions has leveled off the time that players were loosing as a result of the concussions appears to be increasing.

More Severe Injuries or Better Treatment?

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April 15th, 2011

Do Helmets Increase Risk of Head Injury?

by John McKiggan

If there is one thing that everyone knows it’s that wearing a helmet reduces the risk of head injury. Or does it?

Risky Business?

New research published by Mikael Colvill-Andersen suggests that people who wear helmets are more likely to engage in the type of risky behavior that results in head injuries.

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April 14th, 2011

Court Orders Lawyer to Mislead Client to get Access to Facebook – Sparks v. Dubé

by John McKiggan

Defendants are becoming more and more aggressive about trying to get information from social media sites like Facebook.

In what has to be one of the most egregious invasions of privacy that I have ever seen, an insurance company in New Brunswick made an ex parte (secret) application to court requesting a judge to order a plaintiff to turn over copies of all the information contained on her social networking sites like Facebook, LinkedIn, Twitter and My Space.

The most unbelievable part of the decision is that the plaintiff’s lawyer was ordered by the judge to take part in the deception.

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April 6th, 2011

Accident Victim’s Claim Capped by Nova Scotia’s “Minor Injury” Law – Awalt v. Blanchard

by John McKiggan

The $2,500.00 cap on so called “minor injuries” that was introduced in Nova Scotia in 2003 is still having ramifications to innocent victims 7 years later.

The recent decision of Awalt v. Blanchard is a case in point.

Linda Awalt is a 52 year old personal care worker who was injured in a car accident in September 2004.

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March 30th, 2011

Brain Injury Claims: Female athletes more susceptible to brain injury

by John McKiggan

This is interesting. The Globe and Mail has reported that researchers have discovered that women are more susceptible to sports related concussions than men.

The problem is that most “return to play”criteria are based on research on male athletes. This may result in injured female athletes being returned to play before they are fully recovered, resulting in a greater chance of multiple concussions and long term brain damage.

Thanks to my colleague Bruce Stern for the heads up on the article.

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