On April 24, 2024, the Court of Appeal dismissed the medical negligence appeal of a severely brain injured child who was badly assaulted by his mother when he was only 16 days old.
On April 16, 2024, the Ontario Court of Appeal dismissed the appeal of three physicians, Dr. Ivan Radovanovic (“Dr. Radovanovic”), Dr. Vitor Mendes Pereira (“Dr. Pereira”), and Dr. Karel ter Brugge (“Dr. ter Brugge”), challenging a trial judgment against them for failure to obtain informed consent from their patient, Michael Denman (“Mr. Denman”). Mr. Denman, 54, experienced a catastrophic brain injury during a third embolization procedure in June 2015, leaving him with left-sided paralysis. Damages were settled before trial at $8.5 million. The appellants were physicians at Toronto Western Hospital (TWH), who were involved in Mr. Denman’s treatment plan for an arteriovenous malformation (AVM).
On April 8, 2024, the Ontario Superior Court of Justice dismissed the action against two eastern Ontario physicians, Dr. Johnny Brisebois (“Dr. Brisebois”) and Dr. Pablo Romero-Sierra (“Dr. Romero-Sierra”) for alleged medical negligence. The Plaintiff, Frank Papineau, alleged that the physicians negligently failed to diagnose him with Lyme disease and provide him with appropriate treatment.
On April 5, 2024, the Court of Appeal for Ontario dismissed the appeal of neurologist Dr. Marshall Zaitlen who had been found negligent at trial before a jury for failing to order further investigations in the face of a deteriorating condition that ultimately led to a delayed diagnosis of a thoracic spinal dural arteriovenous fistula. The patient, Mr. Henry, was left with significant disability as a result.
On March 13, 2024, an orthopaedic patient was successful in her lawsuit against her treating orthopaedic surgeon for removing hardware from a clavicle fracture too early that resulted in a subsequent re-fracture.
On March 1, 2024, the Court of Appeal for British Columbia dismissed an appeal from the trial judge’s order dismissing a medical negligence action against the respondents, Dr. Mark Miller (“Dr. Miller”) and Dr. Andrew Best (“Dr. Best”), which arose from the death of the appellant’s husband.
On March 5, 2024 the Court of Appeal for British Columbia dismissed the appeal of a medical malpractice claim that had been dismissed by the trial judge prior to the jury deliberating.
On February 13, 2024, the Supreme Court of British Columbia dismissed a birth injury medical malpractice claim arising from the premature birth of a baby boy who has suffered a variety of medical complications, including short gut syndrome, as a result of his prematurity.
On March 1, 2024, the Court of Appeal for Ontario ordered a new trial in a birth injury medical malpractice claim that had been dismissed by a trial judge after she discharged a civil jury from their obligation to decide the case.
On February 2, 2024, the Ontario Superior Court of Justice dismissed the Plaintiff’s motion for an order extending time for service and validating the irregular service of the Statement of Claim.
On January 29, 2024, the Ontario Superior Court of Justice dismissed a medical malpractice trial on behalf of a young mother who has been left in a permanent vegetative state after suffering a cardiac arrest following the C-section delivery of her baby.
On January 15, 2024, the Supreme Court of Nova Scotia granted a motion for summary judgement brought by the Defendant, Dr. Robert Grimshaw (“Dr. Grimshaw”), a qualified medical practitioner trained in the specialties of gynecology and obstetrics, who performed a surgery on the Plaintiff, Daphne Thorburn (“Ms. Thorburn”), to remove a mass on her right ovary.