PERSONAL INJURY BLOG: Medical Malpractice

Medical Malpractice

Medical malpractice claims are time-limited in Ontario. A claim must be brought against a doctor within two years from the date one knew or ought to have known a potential injury occurred. A claim against a hospital where a negligent health care professional practiced must be brought within 2 years.


Allergan Breast Implants and Cancer BIA-ALCL

Medical Malpractice

Allergan Breast Implants and Cancer BIA-ALCL

Breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) is a rare type of T-cell lymphoma (cancer of the immune system) that can develop in the scar tissue capsule and fluid surrounding a breast implant. In some cases, it can spread throughout the body.

BIA-ALCL is curable in most patients if it’s diagnosed early and treated appropriately, but a small number have died from the illness.

BIA-ALCL is not breast cancer. It can occur around saline-filled or silicone gel-filled implants that have been placed for breast reconstruction after mastectomy or cosmetic breast enlargement. BIA-ALCL seems to only develop in women who have implants with a textured surface (shell) or had them in the past.

All patients have rights and need to be educated and forewarned about the risks associated with implanting anything in their bodies. Accountability on behalf of the manufacturing companies needs to be addressed so they can be held responsible.


Often occurring eight to 10 years after surgery, symptoms of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) include pain and swelling near the implant. Women with textured breast implants (as opposed to smooth) are at an increased risk of developing BIA-ALCL.

What does the FDA know about Breast Implant Associated Lymphoma?

The FDA first identified a possible association between breast implants and the development of ALCL in 2011. At that time, the FDA knew of so few cases of this disease that it was not possible to determine what factors increased the risk. In a report summarizing the Agency’s findings, we emphasized the need to gather additional information to better characterize ALCL in individuals with breast implants. In 2016, the World Health OrganizationExternal Link Disclaimer designated breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) as a T-cell lymphoma that can develop following breast implants and noted that the exact number of cases remained difficult to determine due to significant limitations in world-wide reporting and lack of global breast implant sales data.

Since that time, the FDA has undertaken several steps to better understand this issue, including an in-depth review of post-approval study data, medical device reports, scientific literature and breast implant-specific registries, and public discussions. We have regularly communicated about the risks associated with breast implants and heard from patients who are concerned about their implants being connected to various health conditions. In March 2019, we discussed many important breast implants concerns in a public advisory committee meeting.

This is why you need representation from a PROFESSIONAL MEDICAL MALPRACTICE Lawyer.

Were you implanted with Allergan BIOCELL or Natrelle textured breast implants?

BIAALCL has occurred in at least four transgender women who had textured breast implants. The number of BIAALCL cases reported in July 2019 led to a global recall of Biocell textured breast implants and tissue expanders manufactured by Allergan.

Allergan Breast Implant Recalls

In July 2019, Allergan recalled its Biocell textured breast implants after the FDA had linked them to a rare cancer called breast implant-associated anaplastic large cell lymphoma, or BIA-ALCL. Most of Allergan’s recalled textured breast implants were sold under the Natrelle brand. The FDA advises women with BIA-ALCL to have their implants removed.

Allergan’s July 2019 Biocell textured breast implant recall doesn’t include its smooth or Microcell breast implants or tissue expanders, which have a much smaller risk of BIA-ALCL. The recalled breast implants represent less than 5 percent of implants sold in the United States. The FDA has not released the exact number of implants affected.

But since then, the number of confirmed cases of BIAALCL has grown.Feb. 25, 2020

What Is BIA-ALCL? –

You may be at risk for developing cancer, the textured surface of implants can trigger an increase response from immune cells over time.

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Medical Malpractice Claims

Medical malpractice is negligence committed by a professional health care provider such as a doctor, dentist, nurse, chiropractor, technician, or hospital worker whose performance of duties departs from the standard of practice of those with similar training and experience.

Medical malpractice claims: The negligence due to medical malpractice can have serious life-changing consequences for you or your family member. We understand the stresses and fears that you might have in deciding to challenge a medical expert’s actions. We use our years of experience and access to medical professionals to help you understand what has happened to you or your family member and to determine whether negligence has occurred.

You also need to be aware that medical malpractice claims are time-limited in Ontario. A claim must be brought against a doctor within two years from the date one knew or ought to have known a potential injury occurred. A claim against a hospital where a negligent health care professional practiced must be brought within 2 years.

Categories of medical malpractice claims that Strype Injury Lawyers has successfully fought on behalf of their clients:

Our team determines, in a timely fashion, whether a medical malpractice claim exists. We respect your need for openness and clear communication and discuss the likelihood of success with you at all stages of the investigation and claim process.

Get HELP Now!

If your career or lifestyle is threatened as a result of injuries you have suffered due to negligence, we can help you. Contact our firm for a free consultation with a dedicated personal injury trial lawyer.

Strype Injury Lawyers are always willing to take your case to trial. If your case cannot be settled for a fair amount, then we will fight for you in the courts to get the award you deserve.

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Michelle Kungl’s incredible journey: Disability and disability insurance

Ontario’s narrow and rule-bound social assistance system: does it cover medical and disability-related expenses.

From the moment she was born, Michelle Kungl has been fighting — for her life, for independence, for every breath. She has battled every obstacle with a warrior’s spirit, but now, as an adult, she is up against her most daunting barrier yet: Ontario’s rule-bound social assistance system.

Michelle overcame impossible medical odds as a child. But as an adult she is fighting her most frustrating and seemingly impossible battle yet — convincing Ontario’s narrow and rule-bound social assistance system that she is disabled enough to receive help to cover her extraordinary medical and disability-related expenses.

For more than two decades, Pooran and other disability advocates have been urging Queen’s Park to ease the onerous reporting requirements and strict income and asset rules that govern ODSP. He is accompanying Michelle and Lyn to a meeting with provincial officials early next month to discuss her case.

Although Pooran acknowledges Michelle is somewhat unique — few with her level of disability work full time — her experience highlights the problem most people on social assistance face when they try to work or receive income from other sources. More than 900,000 Ontarians rely on social assistance, including more than 490,000 on ODSP. Barely 10 per cent of individuals receiving ODSP have employment income.

It is a key issue Community and Social Services Minister Helena Jaczek asked a provincial working group to address last summer as part of a review of Ontario’s income security system. The group’s 10-year blueprint for reform, is expected in October.

In the meantime, a ministry spokesperson said the government has already increased the amount individuals and families can deduct from their earnings for disability-work related expenses from $300 to $1,000 a month.

Read this whole story by By

Read about accident benefits, on our site, here.


High cost of OB/GYN mistakes in Ontario

OB/GYN mistakes, negligence and malpractice: The results can be catastrophic, heartbreaking — and often remain secret.

A Star/Ryerson investigation. Richard Lautens / Toronto Star

“I personally direct more of my anger, blame and bitterness toward the system than I do the individual physician,” says Laura MacGregor, whose son Matthew suffered catastrophic brain injuries during birth.

“There may be more lawsuits in other specialties for smaller amounts, but in obstetrics there are higher (settlements),” he says. “Surviving is significantly more expensive than dying.”

Obstetrics is considered the highest-risk branch of medicine, according to medical insurance figures paid by most physicians in Canada.

The national legal insurance fund for doctors, the Canadian Medical Protective Association (CMPA), will charge individual obstetricians (with or without a gynecological practice) $72,456 in premiums in 2016 — an amount far beyond any other specialty. More than 80 per cent of that is subsidized by taxpayers, a recent Star investigation reported.

This year, the CMPA singled out obstetrics — the care of patients during pregnancy and childbirth — as the only medical specialty to receive its own specific education program aimed at improving patient care and reducing costs of litigation and settlements.

“In a baby case, the compensation takes into account an entire lifetime,” says Bell. “In other specialties, we are normally dealing with adults who generally are not neurologically compromised thus requiring less intense care, and the life span is usually considerably shorter.”

Ob/GYN mistakes and birth injury: Negligence on the part of medical professionals that leads to birth injuries has life-changing consequences for infants as well as their families.

At Strype Injury Law, we understand the stress, fear, anger and other emotions you may be going through and look forward to helping you achieve the best possible outcome as you explore your treatment and legal options.

If you have gone through a difficult childbirth experience and your child has suffered injuries that commonly stem from a lack of blood or oxygen flow, you may have grounds for a medical malpractice claim. Timing Is Important.