Case Law

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.

Martin v HPARB – Physician Access to Hospital Records at Issue

May 28, 2023

This was a judicial review application to the Divisional Court of the Ontario Superior Court of Justice of a decision of the Health Professions Appeal and Review Board (“HPARB”), dated January 16, 2020, confirming the decision of the Inquiries, Complaints and Reports Committee (“ICRC”) of the College of Physicians and Surgeons (“CPSO”) that dismissed a complaint against a doctor for having accessed the patient’s medical records for the purposes of defending himself in a medical malpractice lawsuit after he was no longer the patient’s treating physician.

Bothwell v. LHSC – Mental Upset Over Medication Error Dismissed

May 11, 2023

This was an Ontario Court of Appeal decision regarding a Plaintiff who suffered an anticoagulant medication error. The trial judge found that the medication error caused no physical injury, however, he did conclude that there was a mental injury. The Defendant hospital appealed on the finding of a mental injury.

Johnson v Lakeridge Health – Medical Malpractice Claim for Stroke

May 10, 2023

Two experts testified on the issue of causation. Dr. Louis Caplan, a world-renowned expert in stroke and professor at Harvard University, testified on behalf of the plaintiffs. Dr. David Gladstone, a leading Canadian expert in stroke, testified on behalf of the defendant. The expert evidence revealed the existence of a debate in the medical community around the comparative efficacy of anticoagulation therapy versus antiplatelet therapy in the prevention of secondary strokes stemming from vertebral artery dissections.

Algarawi v. Berger – Quality Assurance Privilege Upheld

April 29, 2023

The Plaintiffs in two separate medical negligence actions requested that the defendants produce certain documents that they generated for use in quality of care review processes at the defendant hospitals.

Drain v. Ziesmann – No Expert Evidence to Find Negligence