Full Decision INTRODUCTION On July 25, 2024, the Ontario Court of Appeal released the decision of Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586. This decision provides clear guidance on the proper approach to causation when the defendant’s negligence creates an evidentiary gap. FACTS The respondent, Syed Hasan, suffered from a stroke at the age of 40. He initially went to the emergency department …
MedMal Tag Archives
Sutherland et al. v. Booth, 2024 ONSC 127
Full Decision In October 2013, the 27-year-old patient attended the emergency department at the Sault Area Hospital by ambulance and was treated by the defendant emergency physician. The working diagnosis was intoxication and the patient was discharged home. The following morning, the patient reported feeling fine to her parents. When her parents returned home from work, they found her in a significantly worse condition and …
Denman v. Radovanovic, 2024 ONCA 276
In Denman v. Radovanovic, the Ontario Court of Appeal unanimously upheld the trial judge’s decision to find all three defendant physicians liable for failing to obtain Mr. Denman’s informed consent to an elective and multi-step plan of medical intervention to cure Mr. Denman’s brain arteriovenous malformation (“AVM”). This summary will focus on five key takeaways from the Court of Appeal’s decision, written by Rouleau J.A.
Willick v. Willard, 2023 ONCA 792
This action arose from a 2014 fatality of a 51-year-old man following a splenic rupture. The plaintiffs were the spouse and sons of a patient who was cleared to return to work in rural Ontario after having been admitted to hospital for abdominal trauma, including a broken rib, from falling at home while doing renovations. The defendants at trial were the general surgeon who saw the patient in hospital and the family physician who saw the patient in follow-up after he was discharged. The patient died of a splenic rupture 14 days after the fall that brought him into the hospital.
Salamaszynski v. Michael Garron Hospital, 2023 ONSC 704
The court outlines the legal test that must be met before counsel can obtain disclosure of the communications between counsel and their experts.
McKee v. Hicks, 2023 BCCA 109 – Part 1
The plaintiff/appellant broke his arm when he was five years old and the defendant/respondent was an orthopaedic surgeon whose negligence in the treatment of the plaintiff’s arm resulted in permanent deformity