Medical Malpractice Category Archives

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 …

Medical malpractice in the media: the Toronto Star

In November 2013, OTLA submitted recommendations on the Draft Transparency Principles, proposed by the College of Physicians and Surgeons of Ontario (CPSO). In the submission, OTLA expressed the importance of patient safety: “OTLA feels that the overriding concern in establishing and applying these transparency principles must be, first and foremost, the protection of the public and disclosure of information, not the protection of the physician’s privacy.” …

Medical errors now the third leading cause of death in the US

It’s no surprise that thousands of people die from medical errors every year. But a new study from the Journal of Patient Safety reveals that as many as 440,000 patients die each year in the US from preventable medical errors. That means that medical errors are now the third leading cause of death in the US, exceeded only by cancer and heart disease. The article …