Szeto v Kives: Laparoscopic Hysterectomy, Bowel Injury, and the Surgical Duty to Inspect
Ontario Superior Court finds gynecologic surgeon liable for unrecognized intraoperative bowel injury. The duty to inspect framework in laparoscopic surgery.
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A Failure to Admit, an Acute Psychiatric Crisis, and a Catastrophic Injury Settlement
A settlement on behalf of a patient discharged from hospital despite signs of acute psychiatric illness, who suffered catastrophic injury within 24 hours.
Graham v Bridgepoint Health: Osteomyelitis, Hospitalist Standard of Care, and Patient Treatment Decisions
Ontario Superior Court dismisses post-operative osteomyelitis claim. The hospitalist standard of care, patient-declined treatment, and the pre-existing infection defence.
Brown v Meaney: Pyridoxine, Informed Consent, and the Low-Risk Alternative
Ontario Superior Court finds pediatric neurologists negligent for delayed pyridoxine treatment in PDE. The low-risk alternative framework and twin sister causation.
Yang v Freed: Echocardiography Timing, ECMO, and the Limits of Causation in Critical Care
Alberta King’s Bench dismisses critical care malpractice claim. Standard of care breached on echocardiography timing, but causation defeated by temporal mismatch.
Papineau v Romero-Sierra (Costs): $1 Million Against an Unsuccessful Self-Represented Plaintiff
Justice Williams awards over $1M in costs against the unsuccessful plaintiff in the Lyme disease malpractice trial. The defendant-win costs framework in Ontario.
CPSO v Nahvi: Drugging of a Patient/Employee, Cover-Up, and Permanent Resignation
OPSDT accepts joint submission for permanent resignation after physician surreptitiously drugged a patient/employee with Rohypnol and Lorazepam, then self-administered to evade detection.
Pellerin v Balfour: Negative Imaging, Differential Diagnosis, and ER Discharge
The BC Supreme Court dismisses a missed-appendicitis claim. Normal ultrasound, documented differential diagnosis, and the anchoring bias allegation rejected.
Dallner v Gladwell: Brachial Plexus Injury and Inferring Negligence from a Rare Complication
When a surgical complication is extreme and rare, the trier of fact can infer negligence from the outcome itself. Trial win on shoulder replacement nerve injury.