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Professional Misconduct in Nursing: Narcotics Theft

January 02, 2019

This week we explore a recent professional misconduct decision in which a nurse was found to have contravened a standard of practice of the profession or failed to meet the standard of practice of the profession after she stole pain...

Getting Paid: The Physician Payment Review Board

January 17, 2019

The Physician Payment Review Board (PPRB) recently heard an appeal by a surgeon who had been denied payment for insured services by the General Manager of the Ontario Health Insurance Plan (OHIP) for five surgeries he had performed on five...

Vaccinate or Wear Mask Policies in Hospitals

October 04, 2018

An admirable goal of any hospital is to do its best to control the spread of disease. One common ailment is the flu, or influenza. It is clearly contagious and can spread through closed communities such as hospitals. Several hospitals...

Extending Limitation Periods Requires Due Dilligence

September 28, 2019

Introduction In a recent case, Rumsam v. Pakes, the plaintiff attempted to add a new defendant to a civil litigation action for medical malpractice ten years after the act complained of. The plaintiff was unsuccessful in this attempt. The fight...

Physician Has License Suspended After Borrowing Money from Patient

October 20, 2017

The Divisional Court recently heard the appeal of a physician who had been suspended from practicing for eight months after he borrowed more than $600,000 from two patients and lost that money when he invested it in what turned out...

Medically Assisted Dying in Canada: An Update

April 12, 2019

Bill 54, Seeking to Change Access to Palliative Care for New Ontarians, Remains in Limbo

March 08, 2018

Bill 54, the Homecare and Community Service Amendment Act (also known as Dan’s Law) is recently back in the news as various medical associations and others lobby the current government to pass the Bill before June's pending provincial election. First...

Disclosure in Human Research

September 06, 2018

The legal relationship between physicians and their patients can be characterized in different ways depending on the circumstances establishing their association with one another and the complained of actions by the doctor. The way in which the relationship is characterized...

Causation & a Delay in Diagnosis or Treatment

May 01, 2019

Introduction The common adage is simple – early diagnosis and treatment is the best medicine. No amount of delay is acceptable or desirable. A delay in treatment can have drastic consequences for a patient's prognosis. Yet delay is also a...

MAiD, Faith & Politics

October 18, 2019

Background of MAiD MAiD is the acronym for assisted suicide or medical assistance in dying. A person’s suicide is facilitated by health professionals, usually through medication. The taking of one's own life was a criminal offence in Canada until 1972....

Religion v. Regulation in Healthcare – An Update

May 24, 2019

Court Asked to Judicially Review Ontario’s Decision to Form New Body for Self-Directed Personal Care

March 23, 2018

In our last blog, we reviewed a recent lawsuit filed by an Ontario man who sued a hospital and other healthcare organizations for failing to provide him with “assisted-life” and self-directed care. This week we explore the Ontario government’s recently...

Ontario Announces Pilot Project Making Alcoholic Liver Disease Patients Eligible for Transplants

September 19, 2017

Trillium Gift of Life (Trillium), the agency that oversees transplants in Ontario, has announced the launch of a pilot project that will make patients with alcoholic liver disease eligible for a transplant without first having to be sober for six...

Public Inquiry into Nursing Home Killings Begins Today, Long-Term Care in Ontario to be Scrutinized

June 05, 2018

Last year, nurse Elizabeth Wettlaufer pled guilty to murdering eight residents of long-term care homes over the course of more than seven years. She was sentenced to life in prison with no chance of parole for 25 years. This morning,...

Professional Misconduct in Optometry: Wrongful Delegation

January 21, 2019

In a recent decision of the Discipline Committee (DC) of the College of Optometrists of Ontario (COO) allegations of professional misconduct were dealt with relating to the improper delegation of services. What Happened? The complainant/patient (CP) attended the member's clinic...

CPSO Suspends Physician for Inducing Labour Without Obtaining Patient Consent

May 10, 2018

In early April, the College of Physicians and Surgeons’ (CPSO) Discipline Committee found that an obstetrician/gynecologist had committed an act of professional misconduct and also found him to be incompetent. The physician was suspended. Events Leading to the Physician’s Resignation...

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