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's Publications

The following are articles and papers authored by Bogoroch & Associates LLP principals.

Co-written by: Yoni Silberman , Canadian Lawyer
20 / April / 2021

PI lawyer predicts the cost-efficient option will last beyond COVID-19 Yoni Silberman, partner at Bogoroch & Associates LLP, just wrapped up her first hearing by videoconference, and while there are upsides and downsides, “in the case of representation of plaintiffs,…

Virtual hearings here to stayRead more
6 / April / 2021

Bogoroch & Associates’ Heidi Brown on firm values, access to justice, and challenging med mal cases When Richard Bogoroch approached her with a job offer, Heidi Brown was ready for a new challenge. After seven years at the Office of…

Fighting the good fight in ‘David & Goliath’ litigationRead more
5 / November / 2020

Issues surrounding the timeframe within which an action must be commenced can be perplexing for any civil litigator but are frequently encountered in the context of medical malpractice cases.  Injured adults generally have two years to start an action from…

Heidi Brown speaks on why limitations can be trickier than they seemRead more
20 / October / 2020

Evidence of “usual or invariable practice” in the context of medical malpractice cases frequently provides physicians with a significant advantage at trial. Physicians who have no specific recollection of their dealings with a patient are entitled to testify as to…

Heidi Brown speaks to Canadian Lawyer about evidence in medical malpractice casesRead more
9 / September / 2020

Proving a surgical complication arose as a result of negligence is among the steepest of uphill climbs a plaintiff can face. Commonly accepted sources of evidence give physicians a significant advantage and the potentially risky nature of all surgical procedures…

Toby Samson speaks on the keys to overcoming the huge hurdles in surgical negligence casesRead more
27 / April / 2020

The COVID-19 pandemic could cause large losses for liability insurers covering nursing homes and long-term care facilities, and therefore further tightening of rates, a Canadian managing general agent predicts. “There are a lot of exposures in the business,” Stephen Stewart,…

Richard Bogoroch speaks to Canadian Underwriter about the projected impact of COVID-19 and the liability of long-term care facilitiesRead more
31 / March / 2020

We might be thinking about informed consent all wrong.

According to Toby Samson, an Associate and a member of the medical malpractice group at Bogoroch & Associates LLP, lawyers and the courts have focused on risk in the conversations around whether informed consent was given by a physician ahead…

Toby Samson speaks to Canadian Lawyer on a possible route to success when seeking justice in informed consent casesRead more
12 / March / 2020

Medical malpractice suits emerging from surgical complications can be nightmarish to pursue. The line between a complication and a negligent error is hard to prove in Canada. A leading medical malpractice firm is pushing for a solution though, by taking…

Richard Bogoroch and Heidi Brown speak to Canadian Lawyer on the case for published surgical complication ratesRead more
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