Full Decision This Ottawa summary judgment decision again highlights that lack of expert evidence may be fatal to a medical malpractice case. Ms. Abdul-Hussein, the self-represented plaintiff in this matter, sued Dr. Werner Zabel, an ophthalmologist. Ms. Abdul-Hussein alleged he had performed a cataract surgery and laser capsulotomy negligently and failed to obtain her informed consent. She framed her claim as one of battery and …
Trial win by plaintiffs in fatality arising from the delayed diagnosis of an internal hernia.
Medical malpractice is an all-too-common and unfortunate reality in Canada. The Canadian Patient Safety Institute notes that medical errors lead to 28,000 Canadian deaths annually
In this medical malpractice appeal, the ONCA upheld a trial judge’s decision of joint liability where the physician “supported” the negligent decision of the main doctor.
Defendants successfully added 6 years after action commenced; claim for delayed treatment was not discovered until counsel reviewed the Plaintiff’s medical records.
Can a statement of claim be adjusted to add a defendant to the action more than two years after the events giving rise to the claim occurs?
