A widow’s appeal in a death after delayed embolization for a lingual artery pseudoaneurysm. The BC Court of Appeal affirmed dismissal on the standard of care.
A claim alleging that psychiatrists failed to disclose dose increases during a course of ECT was dismissed mid-trial for absence of expert evidence. The BC Court of Appeal affirmed.
A birth injury claim alleging failure to discuss antenatal steroids and resuscitation in a 25-week preterm risk situation was dismissed. The discussion was attempted; the patient declined to engage.
A self-represented plaintiff’s negligence and informed consent claims against an OBGYN were dismissed on summary judgment for lack of expert evidence.
The Manitoba Court of Appeal ordered a new trial after a general surgeon was held to too low a standard for orthopedic trauma surgery, and after the trial judge relied on an undisclosed journal article.
A proposed class action against the Moncton Hospital and a fired nurse over allegedly unprescribed oxytocin was denied certification because individual issues would predominate.
Three 2023 decisions from Alberta, Ontario, and Newfoundland show why self-represented plaintiffs almost never succeed in medical malpractice litigation.
A pre-term newborn with kernicterus lost her causation case despite a finding that her family physicians had breached the standard of care. The Snell adverse inference did not save the claim.
A surgeon admitted he stopped a colonoscopy without finding the cancer. The trial judge held the death was inevitable but awarded damages for additional suffering.
A defence motion to strike a jury notice was dismissed in a complex BC birth injury case involving 31 expert reports and 35 anticipated witnesses.
A surgeon was found liable for failing to disclose laparoscopic hernia repair as an alternative, even though the open repair he performed met the standard of care.
Free, confidential consultations. Paul reviews every potential case personally and tells you honestly whether it merits investigation.