In a 5-4 decision, the Supreme Court of Canada held that a trial judge is not required by law to draw an adverse inference against physicians whose negligence makes it impossible to prove causation and where the plaintiff adduces at least some evidence of causation. Trial judges are permitted to draw such inferences, but are not required to do so.
malpractice Tag Archives
Lennox v Burns, 2016 ONSC 2993 (CanLII)
This was a medical negligence claim against a general surgeon following a Hartmann’s procedure and colostomy reversal. Failure to secure informed consent, and failure of surgical and post-operative standard of care were at issue.
Frank v. Legate, 2015 ONCA 631
Court of Appeal upholds abuse of of process dismissal of Doctor’s defamation lawsuit against medical malpractice plaintiff counsel.
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 …
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 …
