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.
Receiving high-quality healthcare is one of the most important concerns for all Canadians.
Being a medical malpractice lawyer, I only see those unfortunate few patients who are left to pick up the pieces of their lives after falling through the cracks of our imperfect healthcare system. For many of them, the consequences to their lives are truly devastating.
On August 15, 2024, a birth injury medical malpractice lawsuit was dismissed in the Ontario Superior Court of Justice.
The Plaintiffs alleged birth trauma resulting in neurodevelopmental limitations due to a lack of informed consent with respect to the use of forceps and vacuum to expedite the birth of the child. The Plaintiffs further alleged negligence with respect to the timeliness of a C-section while the fetus was in distress.
On July 25, 2024, the Court of Appeal for Ontario dismissed the appeal of an emergency room physician whose negligence in failing to consider a stroke in his differential diagnosis led to delayed treatment and bad outcome for the patient.
On April 20, 2009, Sophia Hemmings (“Ms. Hemmings”) suffered a cardiac arrest during a caesarean section (C-section) at Scarborough General Hospital, leading to severe brain injury. Ms. Hemmings, who was 29 years old, was represented in a lawsuit by her mother, sister, daughter, and son. They alleged negligence by several healthcare practitioners, resulting in a $12 million damages award.
On July 9, 2024, the Supreme Court of British Colombia dismissed this medical malpractice claim arising from an unsuccessful attempt by the defendant anaesthesiologist to administer an obstetric epidural to the plaintiff who was expecting her first child.
On April 24, 2024, the Court of Appeal dismissed the medical negligence appeal of a severely brain injured child who was badly assaulted by his mother when he was only 16 days old.
On April 16, 2024, the Ontario Court of Appeal dismissed the appeal of three physicians, Dr. Ivan Radovanovic (“Dr. Radovanovic”), Dr. Vitor Mendes Pereira (“Dr. Pereira”), and Dr. Karel ter Brugge (“Dr. ter Brugge”), challenging a trial judgment against them for failure to obtain informed consent from their patient, Michael Denman (“Mr. Denman”). Mr. Denman, 54, experienced a catastrophic brain injury during a third embolization procedure in June 2015, leaving him with left-sided paralysis. Damages were settled before trial at $8.5 million. The appellants were physicians at Toronto Western Hospital (TWH), who were involved in Mr. Denman’s treatment plan for an arteriovenous malformation (AVM).
On April 8, 2024, the Ontario Superior Court of Justice dismissed the action against two eastern Ontario physicians, Dr. Johnny Brisebois (“Dr. Brisebois”) and Dr. Pablo Romero-Sierra (“Dr. Romero-Sierra”) for alleged medical negligence. The Plaintiff, Frank Papineau, alleged that the physicians negligently failed to diagnose him with Lyme disease and provide him with appropriate treatment.
On April 5, 2024, the Court of Appeal for Ontario dismissed the appeal of neurologist Dr. Marshall Zaitlen who had been found negligent at trial before a jury for failing to order further investigations in the face of a deteriorating condition that ultimately led to a delayed diagnosis of a thoracic spinal dural arteriovenous fistula. The patient, Mr. Henry, was left with significant disability as a result.
In a decision released dated March 28, 2024, the Ontario Physicians and Surgeons Discipline Tribunal (OPSDT) of the College of Physicians and Surgeons of Ontario (CPSO) suspended the medical license of Dr. Heung-Wing Li, a family doctor, for improperly taking payment for completing Accessible Parking Permit (APP) applications for patients. Further, for some of these patients, his charts did not contain health documentation supporting eligibility for an APP.
