Medical Malpractice Category Archives

Kueber v. Royal Victoria Regional Health Centre, 2018 ONCA 125 (CanLII)

The appellant, who was self-represented, appealed a summary judgment motion dismissing her action against the defendants. The plaintiff’s action against the various defendants pertained to events that occurred over several days. With regard to the defendant hospital, Royal Victoria Regional Health Centre, the defendant was granted partial summary judgment.

Changing the Focus in Medical Negligence

Changing the focus in medical negligence: From protecting negligent doctors to providing effective victim compensation  For more than 25 years, the Government of Ontario has provided hundreds of millions of taxpayer dollars to the Canadian Medical Protective Association (CMPA). The CMPA is the principal provider of defence legal services and indemnity payments for doctors in Canada. Over the last ten years alone, Ontario taxpayers have …

Pestano v. Wong, 2017 BCSC 1666 (CanLII)

This medical malpractice case was largely resolved by way of a settlement. However, the parties required determination of several issues in relation to management fee and tax gross-up awards and calculations.

Hillis v. Meineri, 2017 ONSC 2845 (CanLII)

Pinch (Guardian ad litem of) v. Morwood, 2017 BCCA 234 (CanLII)

Why are we paying for doctors’ malpractice?

Doctors in surgery around patient

The Canadian Medical Protection Association describes itself as “a not-for-profit mutual defence association.” Even though it acts as an insurer, providing resources to help manage risk and assistance when medical-legal difficulties arise, the CMPA is technically not an insurer.