Brian E. Devlin, K.C.

BRIAN DEVLIN KC

Brian Devlin KC obtained his law degree in 1976 from the University of Windsor, Ontario. Following graduation, he immediately moved to Calgary and started his law career with the firm of Jones Black, now known as Bennett Jones. He articled to Jack Major KC, as he then was, the leading medical negligence defence lawyer in Alberta at the time who went on to become a judge on the Supreme Court of Canada.
Mr. Devlin was admitted to the Alberta Law Society in June of 1977 and formed his own law firm with Noel O’Brien KC. He practiced with Mr. OBrien and Don Macleod KC for approximately 43 years. He received his QC (now KC) designation in 2002. At the end of 2019, he decided to reduce his practice and joined the firm of Law 51 as senior counsel with Steve Breslauer and Derek Nash, to assist them in developing and completing medical malpractice cases.
Mr. Devlin has considerable experience in criminal defense work and in representing seriously injured people in motor vehicle accidents, medical malpractice cases and other types of accidental injuries involving ski accidents, false arrests and assaults. He has defended persons accused of criminal offences ranging from impaired driving to first degree murder. Mr. Devlin has appeared on criminal cases at all levels of court in Alberta as well as the Supreme Court of Canada. For the past 25 years his practice has focused on representing people injured through medical malpractice or other serious incidents.
During his litigation career, Mr. Devlin has represented injured people in hundreds of medical malpractice cases. Many of these have settled out of court, while others have gone to trial. In total, Mr. Devlin has conducted approximately 25 full medical malpractice trials, some of which were litigated to the Alberta Court of Appeal. In all these cases, Mr. Devlin sought out medical experts, critically reviewed their reports, obtained medical records and conducted extensive research of relevant medical literature. Mr. Devlin has developed specific expertise in questioning doctors and medical experts on the opposing side, conducting full cross examination of various doctors across a full range of specialities in preparation for trial and and presentation of evidence at medical malpractice trials.

In the course of this work, he has won and settled cases with a broad array of medical issues including but not limited to the following:
1.Obstetric/gynecological cases involving injury to the mothers internal organs during delivery and brain damage to newborns causing catastrophic injury due to hypoxia, ischemia and infection causing encephalopathy resulting in severe permanent brain damage;
2.Negligent abdominal surgery including damage to the common bile duct in Gallbladder surgeries, damage to bowel, damage to vascular and arterial blood supply and others ;
3.Numerous laser eye surgery complications during Lasix and other corrective surgeries ;
4.Delayed diagnosis of glaucoma;
5.Orthopedic and Neurosurgical negligence cases involving injuries to the spinal cord and nerve roots causing complete and partial paralysis ;
6.Delayed diagnosis of Cauda Equina syndrome from botched spinal surgery and improper postoperative care resulting in permanent spinal cord injury and impairment;
7.Orthopedic surgery mistakes involving ankle, shoulder and foot and knee surgery complications;
8.Orthopedic and general surgery cases involving knee replacement and repair with complications including infection and arterial injury.
9. Emergency room cases involving delay in diagnosis and treatment re cardiac problems, internal hemorrhages, aneurysms, aortic distention, kidney damage and many others;
10.Delayed diagnosis of cancer including prostate cancer, breast cancer , lung cancer and Melanoma as well as other forms of cancer;
11.Negligence in the administration and prescription of proper medication and proper dosage;
12.Failed plastic surgery cases involving negligently conducted breast augmentation surgery, facelifts , brow lifts , eyelid surgery and others.

As a result of this experience Brian has developed an extensive knowledge of the legal principles relating to medical malpractice litigation and also an extensive understanding of medical issues in relation to a voluminous number of medical conditions , anatomy and the nature of the surgeries performed. He also has an extensive knowledge of birth injuries caused by medical negligence.
Brian has settled or won judgment in medical malpractice cases conservatively estimated at over $50,000,000 during his career.
Brian has, in the area of medical malpractice and personal injury, delivered papers and lectures for the Canadian Institute, Alberta, Ontario and BC trial lawyers Association, Alberta Civil Trial Lawyers Association as well as various sections of the Alberta Law Society subgroups. He has specifically produced papers and lectures in the areas of laser eye surgery, preparation and conduct of medical malpractice actions, assessing damage is in infant claims involving severe brain damage, chronic pain and the assessment of chronic pain cases as well as other papers and lectures in this area.
He has participated in moot court and teaching presentations for various organisations including the Dermatological Association and conferences put on by Legal Nurse Consulting (now known as Connect Experts) in the area of medical malpractice. He has been listed in the Canadian Legal LExpert Directory as consistently recommended in the area of medical negligence since the said directory began publication. He has also been listed in the Best Lawyers in Canada from 2006 through 2020 in personal injury and medical malpractice law. This publication is based on peer input from other lawyers in similar fields across Canada. He was chosen in 2010 as personal injury Lawyer of the Year in southern Alberta by this publication and Lawyer of the Year in 2014, and 2019 for medical negligence cases . He is also the Co-author of the book A Practical Guide to Medical Malpractice Litigation- a Plaintiffs Perspective published in 2011 and available through Carswell Publications.
Mr. Devlin was also inducted into the American College of Trial Lawyers in March of 2016 at the National Conference in Hawaii. This is a College of experienced trial lawyers from the United States and Canada. Fellowship in the college is extended by invitation only and only after careful investigation to those experienced Trial lawyers of diverse backgrounds who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism , civility and collegiality. Lawyers must have a minimum of 15 years trial experience before they can be even considered for membership. Fellowship in the college cannot exceed 1% of the total lawyer population of any state or province.