Case Law

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.

Coville Estate v. Sellens – Pneumonia Death, No Negligence in ER

July 24, 2023

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.

Denman v. Radovanovic – Massive Legal Costs Awarded to Patient

June 15, 2023

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.

Baines v Abounaja – Amputation From Pulseless Leg Transfer Delay

June 9, 2023

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.

Rathan v. Scheufler – Brachial Plexus Injury Caused by Force

June 2, 2023

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.

KY v. Bahler – Failure to Refer High Risk Twin Pregnancy

May 29, 2023

This was a medical malpractice trial decision of the Honourable Justice W.N. Renke of Edmonton, Alberta arising from a family doctor’s failure to refer a high-risk twin pregnancy to an obstetrician for ongoing obstetrical management. As a result of the failure to refer, the Court found that the diagnosis of a twin-to-twin transfusion syndrome (“TTTS”) was delayed which resulted in profound and severe disability to both twins.

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