by Susanne | Jun 8, 2023 | Instructive Cases
The Complexities of Informed Consent & Causation in Medical Malpractice. Background In 1997, Victoria Anderson suffered a stroke that left her with “locked-in” syndrome, only able to move her eyes voluntarily. She believes the stroke was caused by the...
by Susanne | Jun 1, 2023 | Instructive Cases
The Supreme Court of Canada overturns the Court of Appeal’s decision, dismissing the case and upholding the trial judge’s decision. Background The Lapointe’s five-year-old daughter sustained a severe cut to her elbow, resulting in significant bleeding and the severing...
by Susanne | May 25, 2023 | Instructive Cases
The defendants’ appeal to overturn the trial judgment, which held them responsible for shortcomings in prenatal maternal monitoring, was unsuccessful. The Court of Appeal upholds the trial judge’s findings of negligence in a medical malpractice case,...
by Susanne | May 18, 2023 | Instructive Cases
The ADMISSIBILITY OF EXPERT EVIDENCE The case of White Burgess Langille Inman v. Abbott and Haliburton Co. is a landmark legal case that clarified the admissibility of expert evidence in civil cases in Canada. Background In 2015, the Supreme Court of Canada heard the...
by Susanne | May 11, 2023 | Instructive Cases
PROVING THAT INJURIES WERE CAUSED BY NEGLIENCE. Doctors are found negligent but the Supreme Court of Canada dismissed the case due to the plaintiff’s inability to prove that the injuries were primarily caused by the negligence. Background Kycree Hanson-Takser...
by Susanne | May 8, 2023 | Instructive Cases
INFORMED CONSENT and MEDICAL MALPRACTICE The Supreme Court of Canada’s decision in Reibl v. Hughes held that a plaintiff must be properly informed of the risks of a medical procedure before giving consent. Background The plaintiff, Riebl, suffered a massive...
