Search

An Error in Judgement or a Breach of the Standard of Care?

May 08, 2019

Introduction: The vast majority of legal actions commenced against health professionals are grounded in whole, or in part, on the law of negligence. The tort of negligence requires a plaintiff to allege and prove four elements. They are: a duty...

Judicial Review of Disciplinary Decisions

December 06, 2019

In Jaffer v. Ontario (Health Professions Appeal and Review Board) the Ontario Divisional Court (ONSC) provided a number of lessons on the process of judicial review. The applicant for judicial review was a member of the Ontario College of Pharmacists...

Certification of Fleeting "Intrusion Against Seclusion" Action

February 14, 2020

The tort of intrusion upon seclusion is a recent addition to our common law in Ontario, under the umbrella of invasion of privacy (see our previous blog on this topic here). It emerged in 2012 with the Ontario Court of...

The CPSO’s Standing List of Unregistered Practitioners

October 27, 2017

Every year, a number of unregistered practitioners posing as physicians make headlines and cause public outrage and uproar. The College of Physicians and Surgeons of Ontario (CPSO) takes such actions seriously and actively polices such individuals to ensure that public...

Saskatchewan RN Found Guilty of Professional Misconduct After Series of Negative Social Media Posts Has Her Appeal Dismissed

April 13, 2018

A Saskatchewan Court recently dismissed the appeal of a registered nurse (RN) who had been found guilty of professional misconduct and fined by the Saskatchewan Registered Nurses Association (SRNA) (the regulatory body governing RN’s in that province), after she used...

New Goudge Report Makes Recommendations on How the CPSO Can Streamline the Physician Complaint Review Process

May 02, 2018

Following an investigation into the practices of the College of Physicians and Surgeons of Ontario (CPSO), the Ministry of Health and Long-Term Care has released the Honourable Justice Stephen Goudge's 2016 report making a number of recommendations on how the...

The Limitation of Adding a Defendant to a Malpractice Claim

February 21, 2020

It is obviously critical that a plaintiff alleging negligent care in a malpractice lawsuit against health professionals has included all of the proper and necessary parties as defendants. The relevant names may not always be disclosed in the records and...

CPSO Revokes License of Physician Who Sexually Abused Patients

November 10, 2017

Sexual abuse and sexual harassment have been in the news recently, after the behaviour of many high-profile politicians, actors, executives, and other men have been made public. Such scandals have also rocked the healthcare world. Earlier this month, a rheumatologist...

HPARB Confirms Physician Adhered Too Rigidly to Clinic Rules and Procedures to the Detriment of Patient Care

July 05, 2018

The Health Professions Appeal and Review Board confirmed a decision by the Inquiries, Complaints and Reports Committee (ICRC) of the College of Physicians and Surgeons of Ontario (CPSO) to advise a physician that his focus should be on clinical care...

Family's Claim for Damages for Mental Injury Following Death of Son May have Merit Following SCC’s Saadati Decision

August 16, 2017

Last month we blogged about the Supreme Court of Canada’s (SCC’s) potentially game changing decision in Saadati v. Moorhead. This week we explore the practical application of that decision in a recent action for negligence and damages for mental distress,...

Supreme Court of Canada Clarifies Requirements to Establish Mental Injury

July 11, 2017

In Saadati v. Moorhead, a unanimous decision released this past June, the Supreme Court of Canada (SCC) clarified what is required to prove a mental injury in tort (i.e. civil wrong) cases. In short, the SCC confirmed that there is...

CPSO Suspends License of Sports Medicine Doctor for 9 Months: Dishonesty a Major Factor

January 16, 2018

A recent decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario (CPSO or College) illustrates the importance that the College places on honesty, and how closely tied honesty and integrity of a physician are tied...

Physician Avoids Lawyer's SLAPP

September 20, 2018

The Ontario Court of Appeal has released a series of decisions interpreting Ontario's new anti-gagging legislation known as the SLAPP provisions. SLAPP is the acronym for "a strategic lawsuit against public participation." The goal of the legislation is to encourage...

Sorry - The Hardest Word

August 23, 2018

“It’s sad, so sad Why can’t we talk it over? Oh, it seems to me That sorry seems to be the hardest word” ~ “Sorry Seems to Be the Hardest Word”: Elton John Bad Medical Outcomes: Health care professionals are...

The Goudge Report Pt. 2 – The Medical Liability Review

June 07, 2019

Introduction In our last blog post, we discussed the report of Mr. Justice Gouge on the physician complaint process. The second referral to Mr. Justice Stephen Goudge in March of 2016 by the Ministry of Health and Long Tem Care...

Can an Online Physician Rating be Considered Defamatory?

August 22, 2019

Introduction In the not-too-distant past, doctors were privately rated by their patients via word of mouth with friends, colleagues and family. Most of this opinion sharing remained contained and had little impact on individual physicians and their reputations. Now, however,...

Ontario’s Patient Ombudsman Releases First Annual Report

November 17, 2017

The province’s new Patient Ombudsman, Christine Elliot, recently released the first Annual Report about the office’s initial year of operations, focusing on the complaints Ontarians have about the health care system, and on how she and her office will be...

Ontario Physicians Encouraged to Embrace Digital Technology

January 31, 2020

The Ontario government is currently promoting the increased use of digital resources to manage patient bookings as well as medical records. According to Ontario Health Minister Christine Elliott, the province is looking to allow patients to both schedule and meet...

Ontario Creating Measures to Reveal Drug Company Payments to Doctors

September 27, 2017

Ontario is expected to announce plans to require pharmaceutical and medical device companies to disclose any payments made to doctors, health-care providers, or medical organizations. The legislation will force the companies to publicly report cash payments, free dinners, and any...

Exercise Caution When Alleging Bias

December 20, 2019

A physician began selling prenatal paternity tests to the public in 2001. The test was touted as being non-invasive, as it required only a sample of the mother’s blood and not tissue from the fetus itself. In December 2010, a...

Structured Settlements in Malpractice Actions

November 29, 2019

What is a 'Structured Settlement'? When a person suffers a serious injury as a result of medical malpractice or another cause, they are often better served by an award that provides ongoing income rather than a lump sum. If someone...