McMullan Estate v. Noam Estate – Fatal Aortic Dissection Claim Dismissed
On January 13, 2025, Justice Robert Centa of the Superior Court of Justice of Ontario dismissed a medical malpractice claim by the family of 56
On July 14, 2023, the Ontario Physicians and Surgeons Discipline Tribunal (“OPSDT”) revoked the medical license of Dr. Patrick Brian Philips for statements made online about the COVID-19 vaccine. Dr. Philips was a family and emergency medicine doctor who practiced in Northern Ontario. This decision comes a week after another physician, Dr. Crystal Luchiw, was ordered to be disciplined by the OPSDT for failing to cooperate in an investigation into her COVID-19 vaccine exemption practice.
Dr. Phillips did not contest that he had engaged in professional misconduct and that he was incompetent.
FACTS
According to the OPSDT, Dr. Phillips used social media to undermine public confidence in measures taken to address the COVID-19 pandemic and to deter the public from complying with public health measures, including:
Additionally, Dr. Phillips shared online confidential investigative information from the CPSO, which included names, contact information, and other identifying details of two witnesses. This resulted in these witnesses being harassed online. Dr. Philips refused to remove this information from the internet until he was ordered to do so by the Ontario Superior Court of Justice in January, 2022.
Other concerns the OPSDT articulated in their decision included findings that Dr. Phillips:
Moreover, the OPSDT found (at para. 30):
Dr. Phillips’ professional care of patients displayed a lack of knowledge, skill or judgment, particularly in respect of his treatment orders, which were identical for multiple patients, were based on incomplete documentation, and in at least one case, were contraindicated. His vaccine exemption notes were misleading and based on erroneous criteria. The deficiencies were to an extent that demonstrates that he is unfit to continue to practise or that his practice should be restricted.
DECISION
Based on the above, the OPSDT revoked Dr. Phillips’ medical license and ordered him to pay $6,000 in costs.
Decision Date: July 14, 2023
Jurisdiction: Ontario Physicians and Surgeons Discipline Tribunal
Citation: College of Physicians and Surgeons of Ontario v. Phillips, 2023 ONPSDT 16 (CanLII)
On January 13, 2025, Justice Robert Centa of the Superior Court of Justice of Ontario dismissed a medical malpractice claim by the family of 56
On December 31, 2024, Justice Leiper of the Ontario Superior Court of Justice found a gyne-oncologist negligent for having caused a 1-2 cm bowel perforation