On December 30, 2024, the Honourable Justice Michael Bordin of the Ontario Superior Court of Justice determined that two pediatric neurologists of McMaster Children’s Hospital (“MCH”) were negligent in the treatment of a newborn girl’s seizures which unfortunately resulted in a significant brain injury along with intellectual and development delay.
On December 20, 2024, the Court of King’s Bench of Alberta dismissed a medical malpractice claim brought by the family of a 51 year-old woman who died 10 days after admission to the University of Alberta Hospital in Edmonton. The patient’s death occurred during a cardiac procedure to address an issue with her mitral heart valve. The trial was focused on the two critical care medicine specialists involved in her care at the material time.
On January 9, 2025, Justice H. Williams of the Ontario Superior Court of Justice awarded the successful physicians $957,893 in legal costs (in addition to the already $100,000 ordered for costs thrown away due to a previous adjournment).
The OPSDT found that this family and emergency medicine physician had drugged his patient/employee with the date-rape drug, flunitrazepam (Rohypnol) and Lorazepam, and then drugged himself after the fact to try to avoid being caught.
On November 22, 2024, the Supreme Court for British Columbia dismissed a claim by a patient who alleged that an emergency medicine physician had failed to diagnose appendicitis leading to a ruptured appendix.
On November 25, 2024, a patient was successful in proving medical negligence against his orthopedic surgeon after suffering a permanent injury to the medial cord
After a trial, a Court of King’s Bench judge found that Dr. Sneha Prabha Talukdar had breached the duty of care she owed Mr. Lorencz because she had not referred him to a cardiologist after seeing him twice in the months prior to his heart attack. However, the judge also found that Dr. Talukdar’s negligence had not caused Mr. Lorencz’s death because he was “unable to conclude on a balance of probabilities that Mr. Lorencz would have been able to see the specialist, have the necessary investigations completed, and arrive at the necessary medical opinions [to prevent his death] prior to his cardiac event on January 23, 2005” (Trial Decision at para 114).
The lack of interoperability among health information systems in Canada is a long-standing problem, with archaic methods like fax still being used to share patient data. In an attempt to curtail this issue, a federal bill, the Connected Care for Canadians Act, was introduced in 2024 to allow the secure access and sharing of personal health information among healthcare providers. The bill would also require technology companies to make their health software compatible with each other, promoting better information flow.
The case revolves around Dr. Trozzi who appealed against the decision of the Ontario Physicians and Surgeons Discipline Tribunal. The tribunal found Dr. Trozzi guilty of professional misconduct in relation to his public statements, vaccine exemptions, and lack of cooperation. He challenged the penalty imposed on him by the tribunal which included the revocation of his medical license.
In the overburdened reality of our of healthcare system, patients sometimes fall through the cracks. Medical negligence and medication errors can lead to insurmountable health complications, and even death. An unfortunate example of this can be seen in the tragic story of Wendy Guimont (as posted by the CBC on October 19, 2024), a beloved piano teacher who reportedly died because she was not properly monitored while taking antibiotic medication. This case underlines the importance of proper drug administration and monitoring, especially in vulnerable patients.
On October 16, 2024, the Ontario Physicians and Surgeons Discipline Tribunal (“OPSDT”) of the College of Physicians and Surgeons of Ontario (“CPSO”) dismissed the motions of two physicians, Dr. Rochagné Kilian and Dr. Sonja Sophia Kustka, who refused to produce medical records as part of an investigation into their COVID-19 vaccine exemption practice.
When it comes to childbirth, expectant mothers often have a choice between various birth attendants, including obstetricians and midwives. Midwifery is a longstanding practice that offers personalized care and support during pregnancy and childbirth. However, like any medical assistance, there are risks involved, including the potential for birth injuries. Understanding your rights and the legal recourse available is crucial for navigating these complex situations.
