2023 in Review: Self-Represented Litigants in Medical Malpractice
Three 2023 decisions from Alberta, Ontario, and Newfoundland show why self-represented plaintiffs almost never succeed in medical malpractice litigation.
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Hanson-Tasker v Ewart: The Limits of the Snell Adverse Inference
A pre-term newborn with kernicterus lost her causation case despite a finding that her family physicians had breached the standard of care. The Snell adverse inference did not save the claim.
Tripp v Ross: A Cancer Causation Defeat With Pain-and-Suffering Damages
A surgeon admitted he stopped a colonoscopy without finding the cancer. The trial judge held the death was inevitable but awarded damages for additional suffering.
Willick v Willard: An Appeal Dismissed With a Note on Trial Reasons
The Court of Appeal for Ontario affirmed a malpractice trial loss but observed that the trial reasons had not treated the appellants’ claim with appropriate dignity.
Cauda Equina Syndrome in Ontario: A Missed Diagnosis Profile
Cauda equina syndrome is a surgical emergency. The legal claims that follow are almost always about whether the diagnosis and treatment were timely enough.
CPSO v Peirovy: A Failure to Comply with Practice Restrictions
A physician was suspended for seven months after a CPSO audit found he had failed to comply with restrictions imposed in 2016 after a finding of sexual abuse.
Lal v Anderson: A Jury Notice Upheld in a Complex Birth Injury Case
A defence motion to strike a jury notice was dismissed in a complex BC birth injury case involving 31 expert reports and 35 anticipated witnesses.
Leaving the ER Before Being Seen: The Legal Implications in Ontario
Hundreds of thousands of Canadians leave the ER without being seen each year. Here’s how Ontario law treats wait times, harm, and contributory negligence.
Bad Doctor or Bad Genes? Genetic Defences in Medical Malpractice
When can a defendant compel genetic testing in a medical malpractice claim? An analysis of Klinck v Dorsay and Preece v Nicholson from a 2023 OTLA paper.