Causation in Claims of “Systemic” Medical Negligence: Levac v James
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Henry v Zaitlen: A Jury Verdict for Delayed Diagnosis of a Spinal Cord Fistula
A young man developed paraplegia from an undiagnosed spinal dural fistula his neurologist failed to investigate. A jury awarded $1.5M; the Court of Appeal affirmed.
CPSO v Li: Fee Misconduct and Unsupported Certifications
A family physician suspended for 12 months after charging patients for Accessible Parking Permit applications and certifying eligibility his charts did not support.
Kotorashvili v Lee: When a Surgeon Deviates from His Own Treatment Plan
An Ontario orthopaedic surgeon was found liable after removing clavicle hardware six weeks early without revisiting his own documented treatment plan.
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.
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.