Harte Law Professional Corporation

Plaintiff fails in Alta stroke case (Neelands v. Kelly). Doctor was found negligent in completing referral form but not negligent in failing to refer patient to ER. The latter finding is questionable, but in any event, the trial judge found that there was no evidence that alleged failure(s) more likely than not resulted in a worse outcome for the plaintiff. Loss of a chance is not enough. This case underlines the importance of having explicit expert testimony on causation. The expert must testify that the outcome would more likely than not have been different (i.e. > 50% probability). Stroke cases continue to be challenging. http://canlii.ca/t/gfv1j

Ontario Court of Appeal decision establishes that plaintiffs in a medical malpractice action do not require an expert report prior to issuing a claim. Defendant doctor brought a motion for particulars in an obstetrical case, asking the plaintiff to identify precisely the manner in which he his care was substandard. Court indicated that it would be placing too high a burden on plaintiffs to describe their claim in great detail prior to discovery. As the court pointed out, the doctor did not need further particulars to provide a Statement of Defence. This decision provides needed clarity in this area. http://ow.ly/GiAsC

Ontario College considering greater transparency of doctor complaints. A step in the right direction. http://ow.ly/G53sz

Ontario private medical clinics fail at an alarming rate. Time for a new regulator. http://ow.ly/DGPlZ