Birth control, or contraception, gives rise to a distinct set of claims spanning prescribing, devices, sterilization, and counselling. Recurring fact patterns include complications of intrauterine devices, such as perforation or migration, failed sterilization leading to an unplanned pregnancy, prescribing without adequate attention to contraindications such as thrombotic risk, and inadequate counselling about risks, effectiveness, and alternatives.
These cases can raise informed consent issues alongside questions of technical competence, particularly where a device was inserted or a sterilization performed, and they can involve damages associated with an unplanned pregnancy or with a complication of the chosen method. The standard of care is established through expert evidence from the relevant specialty, usually gynaecology or family medicine, and is assessed against the clinical circumstances at the time.
Posts tagged Birth Control analyze Ontario and other Canadian decisions involving contraception, sterilization, and the devices and counselling associated with them.
On December 1, 2023, the Ontario Superior Court of Justice dismissed a medical malpractice lawsuit brought by a young woman who suffered a stroke after taking birth control medication provided by her family physician who allegedly failed to advise her of the increased risk of stroke associated with that particular brand of birth control pill (Yaz).
Free, confidential consultations. Paul reviews every potential case personally and tells you honestly whether it merits investigation.