Brown v. Meaney – Baby Girl Brain Injured, Failed to Receive Vitamin B6
On December 30, 2024, the Honourable Justice Michael Bordin of the Ontario Superior Court of Justice determined that two pediatric neurologists of McMaster Children’s Hospital (“MCH”) were negligent in the treatment of a newborn girl’s seizures which unfortunately resulted in a significant brain injury along with intellectual and development delay.
Court of Appeal affirms scientific proof not required to prove causation in stroke case
On July 25, 2024, the Court of Appeal for Ontario dismissed the appeal of an emergency room physician whose negligence in failing to consider a stroke in his differential diagnosis led to delayed treatment and bad outcome for the patient.
Henry v. Zaitlen – Appeal Upheld Delayed Diagnosis of SDAV Trial
On April 5, 2024, the Court of Appeal for Ontario dismissed the appeal of neurologist Dr. Marshall Zaitlen who had been found negligent at trial before a jury for failing to order further investigations in the face of a deteriorating condition that ultimately led to a delayed diagnosis of a thoracic spinal dural arteriovenous fistula. The patient, Mr. Henry, was left with significant disability as a result.
Stroke Misdiagnosis and Medical Malpractice
Stroke misdiagnosis is a major healthcare concern with initial misdiagnosis estimated to occur in 9% of all stroke patients in the emergency setting according to the authors of a 2018 paper entitled Diagnostic Error in Stroke-Reasons and Proposed Solutions published by Current Atherosclerosis Reports.
Johnson v Lakeridge Health – Medical Malpractice Claim for Stroke
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.