Dr. Alan Drummond

In a delayed-diagnosis medical malpractice action, the defendant physician appealed findings on liability only.

The court reviewed the trial judge’s negligence and causation analysis and found no reversible error.

The appeal was dismissed and the liability determination stood.

This decision concerns a medical negligence action brought by the family and estate of Kevin John McMullan against several physicians and a hospital, following Mr. McMullan’s sudden death from an aortic dissection.

The plaintiffs alleged that Dr. Naom and Dr. El Jaoudi breached the standard of care in their treatment of Mr. McMullan and that these breaches caused or contributed to his death.

The court found that both physicians met the standard of care in all respects, including the interpretation of diagnostic tests, management of hypertension, and discharge instructions.

The court also found that, even if there had been a breach, the plaintiffs failed to prove causation: the evidence established that Mr. McMullan’s aorta was normal for his age and body size, and that he would not have been referred for surgery or prevented from suffering the fatal dissection.

The action was dismissed in its entirety.

The plaintiffs brought a medical malpractice action against an emergency room physician following the death of Elisha Shaw.

Ms. Shaw presented to the emergency room with severe abdominal pain radiating to her back, having previously undergone bariatric surgery.

The defendant physician discharged her without a surgical consult, despite her pain remaining unmanaged and a CT scan indicating a possible internal hernia.

Ms. Shaw returned to the hospital the next day, required emergency surgery for an ischemic bowel, and subsequently died.

The court found that the physician breached the standard of care by failing to request an urgent surgical consult and that this negligence caused Ms. Shaw's death, as earlier intervention would have prevented the bowel necrosis.

Damages were awarded to the estate and family members under the Family Law Act.

The plaintiff suffered a wrist fracture and attended the emergency room, where she was assessed by the defendant physician.

The physician discharged the plaintiff to follow up with her family health clinic but failed to provide adequate verbal instructions regarding the need to see an orthopedic surgeon within 7-10 days, nor did he document this timeframe in his chart.

The plaintiff experienced a delayed referral to an orthopedic surgeon, resulting in the fracture healing in a malposition that required surgery.

The court found that the defendant physician breached the standard of care by failing to provide and document adequate discharge instructions, and that this breach caused the plaintiff's poor outcome.

Judgment was issued in favour of the plaintiffs for an agreed-upon amount of damages.

The plaintiff, an inmate, brought an action against the Crown and two physicians alleging negligence and medical malpractice resulting in the amputation of his leg.

The defendants moved for summary judgment.

The court granted the motions, finding no genuine issue requiring a trial.

The plaintiff failed to adduce expert medical evidence to support the malpractice claims against the physicians.

The claims against the Crown were dismissed as there was no evidence of the alleged workplace injury, the claims were statute-barred under the Limitations Act, 2002, and the Crown was not vicariously liable for the independent contractor physicians.

The plaintiffs brought a medical malpractice action following the death of a 22-year-old man from an aortic dissection six days after he was treated and discharged from an emergency department.

The plaintiffs alleged the emergency physician breached the standard of care by failing to properly review the chart, taking a substandard history, and failing to consider cardiovascular diseases in his differential diagnosis.

The court found that the physician met the standard of care, as the patient's presentation was consistent with a musculoskeletal injury and the likelihood of an aortic dissection in a healthy 22-year-old was exceedingly rare.

The court also found that causation was not proven.

The action was dismissed.

The appellants appealed the dismissal of their medical malpractice action following the death of a 22-year-old man in hospital.

The deceased had been switched from morphine to Dilaudid by the respondent physician, and the appellants alleged the dosage was excessive and caused his death by opioid overdose.

The trial judge accepted the respondent's expert evidence that the dosage met the standard of care and that the cause of death was not an opioid overdose.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's approach to liability, standard of care, or causation.