Case Law

2023 in Review: Self Represented Litigants in Medical Malpractice

December 28, 2023

The successful prosecution of a medical malpractice lawsuit is challenging even for lawyers experienced in this complex area of the law. Given the high cost of litigation, it is typically only through contingency fee agreements that patients can afford representation. However, most experienced medical malpractice lawyers will be cautious in offering such agreements to only those plaintiffs who have the largest claims with the greatest prospects of success.

Hanson-Tasker v. Ewart – No Causation for Infant Brain Injury

December 19, 2023

On December 8, 2023, the Court of Appeal for British Columbia dismissed the appeal of a brain injured baby girl (“Kyrcee”) against her family physicians who were found to be negligent in her care in the days after her birth.

Trip v. Ross – Delayed Cancer Diagnosis Did Not Cause Death

December 13, 2023

On December 1, 2023, a trial judge of the Court of King’s Bench of Manitoba determined that a general surgeon’s admitted negligence in performing a colonoscopy that resulted in a 9 month delay in diagnosing colorectal cancer did not cause the patient’s untimely death.

Willick v. Willard – Patient’s Family Loses Appeal of Trial Loss

December 6, 2023

On November 30, 2023, the Court of Appeal for Ontario dismissed the appeal of a medical malpractice trial loss by the family of a 51 year-old man who died two weeks after suffering a fall in his home of exsanguination (bleeding) from a subcapsular hematoma in his spleen.

Lal v. Anderson – Trial by Jury Upheld in Medical Negligence Suit

November 23, 2023

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.

Veran v. Derbyshire – Defence Neuropsych Assessment Denied

October 3, 2023

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.

Beazley v. Johnston – Lyme Disease Negligence Claim Dismissed

September 8, 2023

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.

Martindale Estate v. Bahl – No Delayed Diagnosis of Anal Cancer

September 5, 2023

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.

Gilmore v. Love – Skull Fractures to Newborn Caused by Negligence

August 13, 2023

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.

Dr. Sheoran v. IHA – Doctor Sues Hospital After Patient Assault

August 10, 2023

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.

Massie v PHSA – Class Action Against Imposter Nurse Certified

July 31, 2023

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.

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