Medical Malpractice Category Archives

Medical Negligence: It’s Never an Open and Shut Case

When a person has suffered because of an obvious error by a health care professional, the comment often said to me is, “It’s an open and shut case.” When it comes to medical negligence litigation, there is no such thing. A medical negligence lawsuit is different from other personal injury cases in at least one critical way; the plaintiff is often already unwell before the …

Discovering a Claim of Medical Negligence

A woman with a pained expression holds her neck beside a large analog clock face

An injured party and their family have a time limit within which to bring a lawsuit to recover damages or losses relating to an injury. The time limit for doing so in the Province of Ontario is usually 2 years from when the claim was discovered or reasonably discoverable (the “limitation period”). Many assume that claims are discovered (and the limitation period begins to run) …

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 …