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.
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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.
CPSO v Trozzi: Findings of Both Misconduct and Incompetence
A Northern Ontario ER physician was found guilty of misconduct and separately found incompetent for sustained COVID-19 misinformation across a two-year period.
Khaleel v Indar: A Failure to Disclose a Reasonable Surgical Alternative
A surgeon was found liable for failing to disclose laparoscopic hernia repair as an alternative, even though the open repair he performed met the standard of care.
Veran v Derbyshire: A Late Defence Motion for a Neuropsychological Examination
A defence motion for a neuropsychological assessment was refused eight years after the statement of defence in a complex pediatric malpractice case.
A Young Mother of Two, a Delayed Breast Cancer Diagnosis, and a Wrongful Death Settlement
A settlement on behalf of the family of a 39-year-old mother of two whose breast cancer was diagnosed too late after a missed opportunity to investigate.
Thompson v Handler Trial Decision: Coverage in CP24 and the Brampton Guardian
September 2023 coverage in CP24 and the Brampton Guardian of the Thompson v Handler trial decision finding an ER physician negligent for the death of a 34-year-old mother.
Thompson v Handler: An Emergency Discharge and a Missed Callback
A 12-day Brampton trial led to a finding that an ER physician’s failure to call a patient back after new diagnostic information caused her death.
Beazley v Johnston: A Lyme Disease Claim Dismissed at Summary Judgment
A self-represented plaintiff’s Lyme disease delayed-diagnosis claim was dismissed at summary judgment after his sole expert witness was disqualified.