Medical Malpractice Category Archives

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 …

Consent to Medical Treatment is Not a Waiver of Rights

With the holidays behind us, and all the full potential of the New Year before us, thoughts sometimes turn to our health. Now is the time to dust off the treadmill, avoid the sugary treats and maybe even see the doctor for a checkup. If there are any concerns, the doctor will likely recommend some form of treatment. Treatment can be as simple as a …

When it comes to doctor competence, ignorance is not bliss

At the beginning of October, Ontario’s Minister of Health, Dr. Eric Hoskins, did a good thing. He demanded that colleges of all regulated health professions take concrete steps to increase transparency in college processes and decision-making, and to make more information available to the public. The colleges, which include the College of Physicians and Surgeons of Ontario (“CPSO”), have until December 1st to report back …