2 total
Chiropractic treatment plan approved; insurer's neurosurgeon opinion outweighed by treating practitioners and insurer's occupational therapist.
The applicant was injured in a motor vehicle accident and sought payment for a treatment plan for chiropractic services and massage in the amount of $2,425.47.
The insurer denied the benefit, relying on an insurer's examination by a neurosurgeon.
The Tribunal found the treatment plan to be reasonable and necessary, preferring the evidence of the applicant's treating practitioners and the insurer's own occupational therapy assessor, who noted ongoing pain and functional deficits.
The applicant was awarded the cost of the treatment plan and interest on overdue benefits.
Medical negligence action dismissed as plaintiffs failed to prove the nurses' breach of standard of care caused the patient's subdural hematoma.
A negligence action arising from a fall suffered by an 80-year-old patient hospitalized at London Health Sciences Centre.
The patient was admitted with confusion secondary to a urinary tract infection and subsequently fell on August 15, 2015, resulting in discovery of an acute-on-chronic subdural hematoma requiring neurosurgery.
The patient never recovered her prior cognitive function and died in April 2021.
The court found that the defendant nurses breached the standard of care by failing to complete a Fall Risk Assessment and Intervention Flowsheet and failing to implement a documented toileting routine responsive to the patient's frequent urination needs.
However, the court dismissed the action because the plaintiffs failed to prove on a balance of probabilities that the fall caused the acute portion of the subdural hematoma, and failed to prove that the acute bleed changed the patient's treatment or clinical outcomes.