In this case, the defence expert’s evidence was excluded entirely. The evidence was biased and unreliable from the beginning and was, therefore, inadmissible…
surgery Tag Archives
Warlow v. Dr. Sadeghi, [2019] BCSC 463
Warlow v. Dr. Sadeghi is a case where the Plaintiff was unsuccessful at an informed consent trial. The modified objective test was applied.
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.
Brown v. Baum, 2016 ONCA 325
The Ontario Court of Appeal held that, in circumstances where the plaintiff’s doctor continued to treat the plaintiff and engage in good faith efforts to remediate damage, the plaintiff did not know that it was appropriate to start an action against the doctor until after the last surgery proved unsuccessful.
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 …