Medical Malpractice Category Archives

Ongoing Legislated Non-Disclosure Following Hospital Mistakes

On March 4, 2015, the Government of Ontario announced the release of the Quality of Care Information Protection Act (QCIPA) Review Committee Recommendations. The Review was initiated by Minister of Health and Long-Term Care, the Honorable Eric Hoskins, and a committee was convened to review current practice of the interpretation and implementation of the Quality of Care Information Protection Act. Unless otherwise specified, QCIPA overrides …

CPSO Transparency: By-Law Amendment a Step in the Right Direction

Most complaints to the College of Physicians and Surgeons (“CPSO”) are made because patients want to ensure that the same medical mistake that they were subjected to doesn’t happen to someone else. Investigations led by the Inquiries, Complaints & Reports Committee (“ICRC”) at the CPSO can help patients get the medical answers they are looking for and re-assurance that the doctor will strive not to …

Ontario’s Health Care Budget – Time to Cut the Fat?

The release of Ontario’s budget last week prompted comment from the president of the Ontario Medical Association, Dr. Ved Tandan, that the government’s policy of taking from the health care system to balance its budget is putting the healthcare system in jeopardy. Population growth and unmet needs for family doctors and other services are being ignored, he says. This is certainly an important and complex …

Top Five Highlights from Westerhof v. Gee Estate

On March 26, 2015, the Ontario Court of Appeal released its decision in Westerhof v. Gee Estate 2015 ONCA 206. Heard at the same time as the recently-released Moore v. Getahun, Westerhof has been championed by members of the Plaintiffs’ bar as a “big win for common sense” in the area of non-expert opinion evidence. As was the case with Getahun, Westerhof also attracted a …

Reasonable Cost Recovery: How Hospitals Push the Envelope

In Ontario, individuals have the right to access their personal health information contained in a hospital chart. You can request copies of your medical records from a hospital, and for a fee, they will be provided to you. There are a number of reasons why you may wish to access your medical records – when applying for insurance, making a claim for workers compensation, changing …

Top Five Highlights from Moore v. Getahun

It takes an exceptional issue to get both the Ontario Trial Lawyers Association and the Canadian Defence Lawyers reading from the same gospel, however the controversial comments regarding counsel/expert relationships in the trial decision in Moore v. Getahun (2014 ONSC 237) did just that. Following the 2014 trial decision, counsel on both sides of the bar were left confused as to how they ought to …