
Focken v Miller: Expert Evidence and the Foreseeable Risk Argument
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.
Representing Victims of Medical Malpractice Across Ontario

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 motion to extend the time for service of a malpractice claim was denied. Two key defence witnesses had died or become incapacitated during the delay.

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.

Three 2023 decisions from Alberta, Ontario, and Newfoundland show why self-represented plaintiffs almost never succeed in medical malpractice litigation.
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