INTRODUCTION It is difficult to define a “brain injury case” as a single construct. A brain injury may be defined as mild, having no positive radiological findings, no loss of […]
Is this a case I want to take to trial? The efforts and rewards of mediation.
An uncooperative or hostile physician need not stay that way. Here are some tips, techniques and some plain common sense for getting the doctor on — or close to –your side.
The threshold as it relates to serious bodily injury cases.
Insight into how to determine, plan, work for, and win appropriate damages for your client.
An essay on crafting opening statements to a jury during a Medical Malpractice trial. Excerpts from the Cubello case included.
liability of the Province of Ontario and municipalities in motor vehicle accident cases.
What exactly does “marked impairment” mean? According to the AMA’s Guides to the Evaluation of Permanent Impairment, 4th ed., 1993, a person with a marked impairment in daily activities, is a person whose behavioral impairments significantly impede most useful functioning with cleaning, shopping, cooking, riding a bus, paying bills, maintaining a residence, grooming, using a telephone or working.
Aviva refused to accept the conclusion of its own doctors and argued that suffering a single marked impairment was insufficient. It denied further medical and rehabilitation benefits based on an incorrect interpretation of the law.