Inside Medical Malpractice
Listen in as Chris Rokosh RN, PNC(C), Legal Nurse Consultant and President of Connect Experts, interviews guests that range from lawyers to doctors, nurses and patients.
With a deep respect for both healthcare and law, these podcasts will inform, surprise and engage as they take you inside the hospital, the home, the clinic or the courtroom.
These podcasts are for everyone, so please share with your colleagues, friends and family.
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Interviewed guests include:
- Michael Kaplen, Senior Partner, De Caro & Kaplen, LLP, New York
- Lawyer Michael Kaplen Talks about Brain Injury and Medical Malpractice
- In this podcast, New York Lawyer Michael Kaplen shares his story about the client who focused his practice on brain injury litigation, which began a journey that led all the way to the White House. Michael offers multiple examples of how the medical management or misdiagnosis of brain injury can result in malpractice litigation. He then walks us through the process of a lawsuit in the NY which highlights some of the unique elements of US litigation. Michael offers particular insight into two fascinating subjects. First, what rights do the nearly 14 million international visitors to NY have if they become unexpectedly ill or injured, hospitalized, and suspect medical negligence. And secondly, what new issues are emerging in brain injury because of the COVID-19 pandemic. Michael also offers solid, practical advice to lawyers, healthcare providers and the public on what he feels is the most important thing to know about brain injury in medical malpractice. Don’t miss this incredibly interesting episode of Inside Medical Malpractice. It’s a good one!
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- Dr. Colin Birch, Obstetrician/Gynecologist
- Dr. Colin Birch, Obstetrician/Gynecologist Talks about Medical Malpractice
- Dr. Colin Birch, Chief of Obstetrics at the Foothills Medical Center, opens this podcast with a fascinating discussion on the growing body of information surrounding the effects of COVID-19 on pregnancy, labor, and delivery. Then, he shares such an interesting and well-rounded perspective on medical malpractice, as the defendant in a lawsuit, a practicing physician, and a medical expert witness. Listen as Dr. Birch shares how these experiences changed not only his personal approach to medicine but focused his education of medical students and residents. He then talks about the important role malpractice plays in healthcare, and shares ideas for how a less adversarial approach might improve the experience for everyone. After 30 years of practice, this physician has a wealth of knowledge for all of us. Dr. Birch offers his best advice to doctors, nurses, lawyers, and the public on the most important thing they should know about Ob/Gyn medical malpractice. Don’t miss this podcast!
- Professional Development Certificate available.
- Brian Devlin QC, Lawyer, Law Fifty One, Calgary
- Brian Devlin QC of Law Fifty One Shares a Lifetime of Experience
- In this podcast, Brian Devlin QC tells the story of journey that started from very humble beginnings, with an English degree, a rock band and a completely unplanned, unexpected entry into law school. Brian’s 40 years career has included criminal defense, personal injury, and hundreds of medical malpractice cases. Listen as he talks about the details of his very first malpractice case, shares the secret to his success as a lawyer and what he’s doing to share his knowledge to the up-and-coming generation of lawyers. Brian talks about some of the changes he’s seen in malpractice law and, perhaps more importantly, some of the changes he’d still like to see. There’s great advice for healthcare providers, upstart lawyers and the public on what he thinks is the most important thing they need to know about medical malpractice. This first podcast of season 2 of Inside Medical Malpractice will not disappoint.
- Michael Waite QC, Lawyer, Carbert Waite LLP, Calgary
- Michael Waite QC of Carbert Waite LLP Talks About Nursing Defence Law
- In this podcast, Michael Waite QC from Carbert Waite LLP presents another side of the medical malpractice story; the perspective of a hospital defence lawyer. He answers questions like how and when does a nurse find out she’s been sued? What’s the process like from start to finish, and how long does it take? What are the professional obligations of a nurse who finds themself in the legal system? How many nurses actually remember the details of the lawsuit? How important is nursing documentation? What part of a lawsuit do nurses find the hardest? Mike offers words of reassurance, and the gives his opinion of the most important thing nurses, doctors, plaintiff lawyers and the public should know about preventing a lawsuit. Thanks to the pandemic and Mike’s own experience with COVID-19, this podcast was a long time in the making. And, it’s the last podcast of 2020, so don’t miss it!
- Dr. Richard Rayman, Doctor of Dental Surgery, University of Toronto Professor
- Dr. Richard Rayman DDS Discusses His Role as a Dental Malpractice Expert
- In this very unique episode of Inside Medical Malpractice, Chris Rokosh talks with University of Toronto Professor Dr. Rick Rayman about his work as a Dental Malpractice Expert. Dr. Rayman shares the highs and lows of expert witness work and discusses how legal knowledge has, without any doubt, made him a better educator. For dentists and students of dentistry, Dr. Rayman identifies the biggest issues in dental malpractice today and offers great advice on how to avoid a lawsuit. For doctors, he offers ways to improve patient care when dentistry overlaps with medicine. To the lawyers who litigate dental malpractice cases, Dr. Rayman discusses the importance of careful listening. For anyone who goes to the dentist – which is pretty much everyone - he shares details of two fascinating dental malpractice cases and offers great advice for all of us.
- Former Chief Justice of the Supreme Court of Canada, Beverly McLachlin
- ‘Truth Be Told: My Journey Through Life’ with Former Chief Justice Beverly McLachlin
- Former Supreme Court Chief Justice Beverly McLachlin is one of the most accomplished, fascinating and approachable woman of our time. Her autobiographical book ‘Truth Be Told: My Journey Through Life’ takes you on a journey from her humble beginnings in Pincher Creek, Alberta to Chief Justice of the Supreme Court of Canada. Listen in as Justice McLachlin talks about some of the most memorable cases she was involved in, the fundamental principles that guided her decisions and this… “The Canadian way is not the way of war. It’s the way of compromise, negotiations and respect for rights”. Learn the details of the 1990 Snell v. Farrell case, a judgement which has stood the test of time when it comes to determining causation in medical malpractice. Justice McLachlin offers sage advice to lawyers, healthcare providers and the general public on the most important thing she’d like all of us who find themselves caught up in the legal system to know. Her belief that the legal system belongs to every man woman and child is reassuring, inspirational and heartwarming. Don’t miss this podcast!
- Dr. Danielle Ofri, MD PhD, Internist, Bellevue Hospital, New York
- Doctor Confronts Medical Error with Dr. Danielle Ofri, MD, PhD
- Dr. Danielle Ofri MD, PhD is one of the most thought provoking and influential voices in healthcare today. She is a clinical professor at NYU School of Medicine, an internist at Bellevue Hospital and the author of several acclaimed books including ‘When We Do Harm. A Doctor Confronts Medical Error.’ Her discussion on adverse events in healthcare will make you stop and think for a very long time. Listen as Dr. Ofri highlights the importance of communication in health care and shares the one thing we can all do today to improve patient safety. Dr. Ofri believes that COVID-19 has shone a positive spotlight on healthcare providers, offering a unique opportunity to affect positive change. She also shares why malpractice lawyers should care about how doctors feel in the wake of a malpractice claim. Don’t miss this podcast!
- Gary Will, Lawyer, Managing Partner, Will Davidson LLP, Toronto
- The Orchard Villa Long Term Care Center COVID-19 Class Action Lawsuit
- In this incredibly timely episode of Inside Medical Malpractice, Chris Rokosh talks with Toronto lawyer Gary Will about the class action lawsuit involving the Orchard Villa Long Term Care Home in Ontario. Gary says this lawsuit is the biggest and most important challenge of his career. It isn’t just about the COVID-19 deaths in the spring and summer of 2020, it’s about a timeline that started years ago with a change of ownership, complaints about staffing, allegations of neglect and abuse, and multiple investigations by the Ministry of Long-Term Care. Learn about the specific allegations in this action, the challenges in the road ahead and how both Gary and the class members hope that litigation will improve the future of Long Term Care. The story is tragic. The issues are tough and divisive. But the lessons we can all learn are valuable.
- Virginia May Q.C., Lawyer, Retired
- 40 years of Trailblazing
- In this very special episode of Inside Medical Malpractice, Chris Rokosh talks to lawyer Virginia May about her 40 years of successful trail blazing. Virginia was not only one of the first (pregnant!) female law partners in Alberta in the 1980’s, she founded her own very successful litigation firm May, Jensen, Shawa Solomon in 1995. Listen in as she shares the ups and downs of the early days, and the details about the most memorable cases in her medical malpractice career. In her brilliant and perfectly no nonsense way, Virginia offers invaluable insight and advice to lawyers, doctors, nurses and patients. Even in her late 70’s, she continues to share knowledge as a mediator and strategic advisor and has a clear vision of what still needs to change in the profession of law.
- Paul Cahill, Lawyer, Will Davidson LLP, Toronto
- Inside the Courtroom - 3 Medical Malpractice Trials
- This fascinating series of podcasts by Toronto lawyer Paul Cahill takes us inside the courtroom for the highs and lows of three medical malpractice trials. Hacopian Estate v. Mahmoud is based on the delayed diagnosis of uterine cancer and a tragic death. Paul’s theory of this case was simple; when it comes to cancer, early diagnosis is better. O’Neill-Renouf v. Ibraham focuses on a rare complication which occurred during a seemingly minor surgical procedure; Tension-Free Vaginal Tape Surgery (TVT). Paul discusses the ‘backwards perspective’ required to prove that in spite of the medical record saying everything went right, the nature of the injury inferred that something went terribly wrong. Woods v. Jackiewicz was a jury trial involving a 1991 pregnancy complicated by Twin to Twin Transfusion Syndrome (TTTS) with the tragic outcome of Cerebral Palsy. Paul discusses the signs and symptoms which should have prompted earlier investigations, and may have delayed the need for a stat C Section at 27 weeks gestation.
- Farah Ismail, Nurse, Lawyer, Healthcare Consultant and Executive Leader
- Malpractice Concerns for Frontline Healthcare Providers During COVID-19
- Doctors and Nurses are tasked with providing safe, ethical and competent care - even in the midst of a pandemic. This incredibly relevant and timely interview with Executive Leader, Nurse, Lawyer Farah Ismail addresses considerations for minimizing the risk of malpractice claims during the COVID-19 crisis. There are already multiple claims of negligence against Nursing Homes and healthcare providers, with the likelihood of more to come. Hear real stories from the frontline and gain a deeper awareness of the evolving landscape of healthcare delivery and services in these stressful and uncertain times. This might just be one of the most important podcasts you listen to in 2020!
- Shelagh McGregor, Lawyer, Weir Bowen, Edmonton
- The expert opinion of doctors, nurses and other healthcare professionals is critical in medical malpractice cases.
- This series of podcasts with plaintiff lawyer Shelagh McGregor is an absolute must for anyone considering medical legal work or wanting to know more about the role of the expert witness. Learn how important experts are to the justice system, what constitutes a great expert and a great expert report, and strategies for navigating the thing everyone worries about – going to court. Shelagh shares knowledge, insights and practical strategies that you won’t want to miss.
- Maia Tomljanovic, Lawyer, Cuming Gillespie
- When you’ve spent your entire career finding negligence in the health care system, how do you trust that same system to take care of you?
- Don’t miss this fascinating episode of Inside Medical Malpractice as Chris Rokosh interviews medical malpractice lawyer Maia Tomljanovic about her somewhat rocky experience of having a baby. Hear what went right, what went wrong, and how her combination of medical and legal knowledge shaped her hopes, fears, expectations and could affect her future. Maia offers insight and advice to expectant mothers entering the hospital, and to the doctors and nurses who take care of them.
- Richard Halpern, Lawyer, Gluckstein Lawyers
- Toronto lawyer Richard Halpern offers a great introduction to the basics of medical malpractice law and shares invaluable advice for nurses and doctors on documentation and communication.
- Richard provides an overview of the laws, challenges and legal principles that guide medical malpractice claims. Richard offers some great advice to healthcare professionals about communication and documentation and advice to injured patients who might be considering a malpractice claim. They discuss how lawyers decide when, or if, to take on a medical malpractice case. Hear about the difficult discussions and the practical decisions that help lawyers determine whether or not a claim has merit. Why wouldn’t a lawyer take the case? How much does it cost if they do? How do you find a qualified medical malpractice lawyer? And what are the steps required to commence a lawsuit? This highly experienced lawyer discusses how he handles these extremely complicated and ‘dangerous’ lawsuits from beginning to end. Learn how Richard walks the lengthy and sometimes arduous path of a malpractice lawsuit and discusses the 3 elements of determining financial damages; pain and suffering, loss of income and costs of future care.