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.
medical Tag Archives
Seeing Through the Haze of Canadian Marijuana Laws
As Canada nears the likely legalization of marijuana for recreational use, a host of issues will impact on users for medical purposes. Presently, the possession, distribution and production of marijuana is illegal. An exception to this applies to medicinal use. Long-term medical, legal, and business effects of marijuana legalization remain clouded. Introduction of recreational marijuana legislation is expected in spring 2017. Until then, Canada holds its breath.
Mork v. Sanghera, 2016 ONSC 5108
Court applies principles of jurisprudence regarding multiple defence medical assessments
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.
Leon v. Toronto Transit Commission, 2016 ONSC 3394 (CanLII)
The Divisional Court provides an analysis on the law on spoliation and the relevance of medical records more than 5 years pre-accident.
Better Reporting of Medical Errors Could Save Lives
Medical error is the third leading cause of death in the United States, behind heart disease and cancer, according to a recent study published by Drs. Makary and Daniel at Johns Hopkins University. It is estimated at least 251,454 Americans die due to medical errors every year. The study goes on to say that medical error leading to patient death is under-recognized in many other …
