Focken v Miller: Expert Evidence and the Foreseeable Risk Argument
A widow’s appeal in a death after delayed embolization for a lingual artery pseudoaneurysm. The BC Court of Appeal affirmed dismissal on the standard of care.
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Rybakov v Khattak: ECT Malpractice and the Expert Evidence Requirement
A claim alleging that psychiatrists failed to disclose dose increases during a course of ECT was dismissed mid-trial for absence of expert evidence. The BC Court of Appeal affirmed.
A.G. v Rivera: Preterm Delivery Counselling and the Patient Who Declined
A birth injury claim alleging failure to discuss antenatal steroids and resuscitation in a 25-week preterm risk situation was dismissed. The discussion was attempted; the patient declined to engage.
Penate v Martoglio: A Discharged Jury, Inadequate Reasons, and a New Trial
The Court of Appeal ordered a new trial after a trial judge discharged the jury on her own motion and dismissed the malpractice claim with reasons 90% copied from the defence.
CPSO v Mercado: Breach of Patient Privacy and the Circle of Care
A diagnostic radiologist conducted hundreds of unauthorized searches of patient records over six years. The OPSDT imposed a four-month suspension, reprimand, and costs.
Tookenay v O’Mahony Estate: When Late Service Defeats a Medical Malpractice Claim
A motion to extend the time for service of a malpractice claim was denied. Two key defence witnesses had died or become incapacitated during the delay.
CPSO v Trozzi and Luchkiw: The Penalty Phase of COVID-19 Discipline
The OPSDT released two penalty decisions in January 2024 in COVID-19 misinformation cases. One physician received a six-month suspension. The other was found ungovernable and had his licence revoked.
Bendah v Fleming: When an Amniotic Fluid Embolism Defeats Causation
A young mother left in a permanent vegetative state after C-section. The court found anesthesiology negligence but accepted that an amniotic fluid embolism was the unavoidable cause.
Thorburn v Grimshaw: Summary Judgment in an Informed Consent Case
A self-represented plaintiff’s negligence and informed consent claims against an OBGYN were dismissed on summary judgment for lack of expert evidence.