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Publications

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

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…

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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…

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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…

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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,…

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16 / April / 2020


It is important that family members and healthcare professionals understand the potential issues that elderly residents may face and the standards that Homes must adhere to pursuant to the LTCHA and Regulation. Family members are encouraged to bring their concerns…

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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…

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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…

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4 / March / 2020

Canadian case law around delayed diagnosis medical malpractice cases has made the pursuit of justice for claimants suffering the impact of a delayed diagnosis extremely difficult, says one leading medical malpractice firm. Richard Bogoroch and Heidi Brown, partners at Bogoroch…

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