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 self-represented plaintiff’s negligence and informed consent claims against an OBGYN were dismissed on summary judgment for lack of expert evidence.
A 27-year-old woman died from a missed cerebellar stroke after an ER discharge. The malpractice claim was dismissed when the plaintiff’s expert evidence unravelled at trial.
Three 2023 decisions from Alberta, Ontario, and Newfoundland show why self-represented plaintiffs almost never succeed in medical malpractice litigation.
A self-represented plaintiff’s Lyme disease delayed-diagnosis claim was dismissed at summary judgment after his sole expert witness was disqualified.
A negligent stroke discharge that failed at causation. The Ontario Court of Appeal upheld the dismissal of the action, despite an admitted breach of standard of care.
A Manitoba decision in which a physician was found negligent without expert evidence, illustrating the narrow common-sense exception under ter Neuzen v Korn.
A plaintiffs’ motion to pierce litigation privilege over expert communications fails despite real credibility concerns about a defendant doctor’s evidence.
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