On October 5, 2023, a motions master of the Supreme Court of British Columbia allowed a lengthy and complex medical malpractice claim to proceed to trial by jury. The Defendants’ motion on the eve of trial to strike the jury was dismissed.
On September 29, 2023, the Court of King’s Bench of Alberta found general surgeon, Dr. Adrian Indar, negligent for failing to obtain informed consent from a 26 year-old man for an open inguinal hernia repair. Although the Court did not find the doctor negligent with respect to the procedure itself, the trial judge did conclude that Dr. Indar fell below the standard of care by not offering laparoscopic surgery as an alternative. If this had been offered, the patient would likely have chosen this procedure which would have prevented the vascular insult that caused an atrophied testicle and chronic pain.
On August 28, 2023, a judge of the Ontario Superior Court of Justice dismissed a motion by Defendant physicians seeking an order requiring the Plaintiff to undergo a neuropsychological assessment late in the litigation.
On August 31, 2023, a motions judge of the Ontario Superior Court of Justice summarily dismissed a medical malpractice claim wherein the Plaintiff, Mr. Beazley, alleged negligence and delayed diagnosis with respect to Lyme disease. The Plaintiff alleged that as a result of the delayed diagnosis, he suffered injuries and losses.
On August 23, 2023, a trial judge of the Ontario Superior Court of Justice dismissed a medical malpractice lawsuit against an emergency medicine physician and general surgeon for alleged delayed diagnosis of anal cancer that resulted in the Plaintiff requiring an ileostomy.
On August 10, 2023, a trial judge of the Supreme Court of British Columbia found an obstetrician 85% negligent and hospital nurses 15% negligent in a medical malpractice lawsuit that resulted in multiple skull fractures and brain damage to a baby girl during birth.
On August 8, 2023 the Court of Appeal for British Columbia dismissed the appeal of a psychiatrist, Dr. Rajeev Sheoran, who suffered severe injuries after being assaulted by a psychiatric patient at the Penticton Regional Hospital. Dr. Sheoran alleged that the Interior Health Authority (IHA), the agency that managed and operated the hospital, had been negligent in failing to properly address the risk of violence posed by patients.
On July 25, 2023, the Supreme Court of British Columbia certified a class action against the Provincial Health Services Authority (the “PHSA”) for hiring an allegedly unlicensed nurse, Bridgette Cleroux. Ms. Cleroux worked at BC Women’s Hospital and Health Centre (the “BCWH”) during 2020 and 2021 and provided nursing care, directly and indirectly, to approximately 1,150 patients who attended for gynecological surgical procedures.
On July 19, 2023, a trial judge of the Ontario Superior Court of Justice dismissed a medical malpractice lawsuit against two emergency medicine physicians, Drs. Sellers and Laidley.
On June 15, 2023, a judge awarded a successful patient in a 25-day medical malpractice trial $3 million dollars in legal costs against three defendant physicians found negligent by the Court.
This is a trial decision of the Ontario Superior Court of Justice arising from a delay in transferring a patient with no pedal pules following a fractured femur (leg) after a motorcycle accident. The patient was initially assessed in the emergency room by the Defendant physician, Dr. Abounaja at Ajax Hospital, a community hospital that did not have a vascular surgery service.
This is a trial decision of a shoulder dystocia birth injury case causing a brachial plexus injury that occurred at the Mississauga Hospital in Mississauga, Ontario.
