Rathan v Scheufler: A Shoulder Dystocia and a Preventable Brachial Plexus Injury
A trial judge found an obstetrician applied excessive traction during a shoulder dystocia, causing a permanent brachial plexus injury. Liability was established.
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KY v Bahler: A Failed Referral and a Preventable Birth Injury
A family physician identified a high-risk twin pregnancy and started a referral letter that was never sent. The Alberta Court of King’s Bench found liability.
Martin v HPARB: A Physician Cannot Unilaterally Access a Former Patient’s Records
A defendant physician accessed his former patient’s hospital records during litigation. The Divisional Court remitted the CPSO disposition for reconsideration.
Cancer Misdiagnosis in Ontario: Common Causes and How Claims Are Proven
A delayed cancer diagnosis can be the difference between life and death. A patient’s guide to the common causes and what it takes to prove a claim in Ontario.
Can I Sue for Medical Malpractice in Ontario?
Yes, but the harder question is whether your situation supports a viable claim. An honest threshold assessment for Ontario patients considering legal action.
Bothwell v London Health Sciences Centre: When Psychological Upset Falls Short of Mental Injury
A medication error caused real distress but no compensable mental injury. The Court of Appeal applied the Saadati threshold and dismissed the claim.
Johnson v Lakeridge Health: A Stroke Discharge Where Causation Defeated the Claim
A negligent stroke discharge that failed at causation. The Ontario Court of Appeal upheld the dismissal of the action, despite an admitted breach of standard of care.
How to Get Your Medical Records in Ontario
A practical guide to obtaining your medical records in Ontario under PHIPA, including what to ask for, how to find every custodian, and what to expect.
Algarawi v Berger: Quality Review Records Privileged at Common Law
An Ontario decision applying the Wigmore test to protect hospital quality of care review documents from production, even where the documents were relevant.