
Beazley v Johnston: A Lyme Disease Claim Dismissed at Summary Judgment
A self-represented plaintiff’s Lyme disease delayed-diagnosis claim was dismissed at summary judgment after his sole expert witness was disqualified.
Representing Victims of Medical Malpractice Across Ontario
Standard of care is the legal benchmark for the conduct expected of physicians, nurses, and other regulated health professionals in Ontario. It is the first of the three elements a plaintiff must prove in a medical malpractice claim, and it is almost always proven or defended through the evidence of qualified medical experts.
Posts tagged Standard of Care analyze how Ontario courts have applied the test in specific cases, how expert evidence is used to define what a reasonable practitioner would have done in the circumstances, and where the standard is contested between specialties. The library covers obstetrical, emergency, surgical, anesthetic, and primary care decisions, along with appellate rulings that shape how trial courts approach the question.
For patients considering a claim, these case comments offer a sense of what Ontario courts have treated as a departure from the standard of care and what they have not.

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.

A delayed cancer diagnosis can be the difference between life and death. A patient’s guide to the common causes and what it takes to prove a claim in Ontario.

Yes, but the harder question is whether your situation supports a viable claim. An honest threshold assessment for Ontario patients considering legal action.
Free, confidential consultations. Paul reviews every potential case personally and tells you honestly whether it merits investigation.