Baines v Abounaja: A Pulseless Leg, a Failed Transfer, and a Preventable Amputation
A community hospital ER physician failed to insist on the urgent transfer of a patient with a pulseless limb. The trial judge found liability for the lost leg.
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Medication Errors in Ontario: Common Patterns and How Claims Are Proven
A patient’s guide to medication errors in Ontario, including the common error patterns, the high-alert drugs, and what it takes to prove a malpractice claim.
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.
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.