by Susanne | Apr 27, 2023 | Instructive Cases
Standard of Care and Causation in Medical Malpractice Class Actions A Case brought before the Ontario Court of Appeal demonstrates how issues of causation and standard of care are handled in class action medical malpractice cases. Background In 2022, the Ontario...
![Ter Neuzen v. Korn, [1995] 3 S.C.R. 674](https://medmaldoctors.ca/wp-content/uploads/2023/04/tom-carnegie-SdVHStSkYKg-unsplash-1080x675.jpg)
by Susanne | Apr 20, 2023 | Instructive Cases
The Standard of Specialists In this important case, the Supreme Court of Canada held that a specialist owes a duty to conduct their practice to the same standard as a prudent and diligent doctor in the same circumstances. Background The plaintiff, Ter Neuzen, was...
![Clements v. Clements 2012 SCC 32 (CanLII), [2012] 2 SCR 181](https://medmaldoctors.ca/wp-content/uploads/2023/04/AdobeStock_193823822-1080x675.jpeg)
by Susanne | Apr 6, 2023 | Instructive Cases
WHEN THE “BUT FOR” TEST PROVES CAUSATION A case brought before the Supreme Court of Canada demonstrates the possibility of successfully using the “but for” test to prove causation. Background A husband was driving his motorcycle in wet weather with his...
![Sylvester v. Crits et al., 1956 CanLII 29 (SCC), [1956] SCR 991](https://medmaldoctors.ca/wp-content/uploads/2023/03/artur-tumasjan-qLzWvcQq-V8-unsplash-scaled-e1679584963955-1080x675.jpg)
by Susanne | Mar 23, 2023 | Instructive Cases
DETERMINING THE STANDARD OF A REASONABLE PHYSICIAN Background An anesthetic was administered to a patient by introducing oxygen from a tank into a can containing ether. The mixture of ether and oxygen was forced through a tube and into the patient’s throat and the...
by Susanne | Mar 16, 2023 | Instructive Cases
A case from 2021, brought to the Supreme Court of Canada further clarifies a patient’s burden of proof in a medical malpractice case. Background In 2010, the plaintiff, Karen Armstrong was seriously injured during a colectomy surgery. Armstrong brought an action...
by Susanne | Mar 8, 2023 | Instructive Cases
A recent case in Ontario demonstrates how doctors may be liable for breaching the Standard of Care. Background In 2013, a woman went to a Wal-Mart store on Boxing Day and slipped on a hanger, falling to the ground. After being taken to the hospital, the plaintiff was...
