The Court of Appeal for Ontario affirmed a malpractice trial loss but observed that the trial reasons had not treated the appellants’ claim with appropriate dignity.
Cauda equina syndrome is a surgical emergency. The legal claims that follow are almost always about whether the diagnosis and treatment were timely enough.
A self-represented plaintiff’s Lyme disease delayed-diagnosis claim was dismissed at summary judgment after his sole expert witness was disqualified.
A delayed-diagnosis cancer claim was dismissed at standard of care and causation, with a 40% contributory negligence finding for repeated failures to follow up.
A psychiatrist was seriously assaulted by a patient. The BC Court of Appeal confirmed that hospitals owe a duty of care to medical staff, and that the standard is contextual.
A trial judge dismissed a medical malpractice claim against two ER physicians, finding the standard of care was met and that earlier testing would not have changed the outcome.
A patient’s guide to surgical malpractice in Ontario. The three phases of care, the evidentiary challenges, and what it takes to prove a viable claim.
Three physicians on a multi-disciplinary team failed to obtain informed consent for an elective AVM procedure. The Court of Appeal upheld an $8.5M judgment.
A community hospital ER physician failed to insist on the urgent transfer of a patient with a pulseless limb. The trial judge found liability for the lost leg.
A patient’s guide to medication errors in Ontario, including the common error patterns, the high-alert drugs, and what it takes to prove a malpractice claim.
A trial judge found an obstetrician applied excessive traction during a shoulder dystocia, causing a permanent brachial plexus injury. Liability was established.
A family physician identified a high-risk twin pregnancy and started a referral letter that was never sent. The Alberta Court of King’s Bench found liability.
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