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The court dismissed a medical malpractice action against an orthopaedic surgeon, finding no breach of the standard of care in a partial hip replacement surgery.
This is a medical malpractice action in which the plaintiff, Kathleen Joanne O’Brien, alleged negligent treatment by the defendant, Dr. Jasjit Lochab, an orthopaedic surgeon, following a hip fracture and subsequent surgery in December 2018.
The parties agreed on damages, leaving liability as the sole issue.
The court found that Dr. Lochab met the standard of care in his choice and use of implant, as well as in his post-operative instructions.
The action was dismissed, with costs awarded to the defendant.
The court granted one defence medical examination but dismissed three others due to the defendant's significant delay and lack of evidentiary necessity.
The defendant Wawanesa Mutual Insurance Company brought a motion seeking orders for the plaintiff to undergo several independent medical examinations (IMEs) in a personal injury action arising from an automobile accident.
The plaintiff opposed, arguing delay and the need for leave under Rule 48.04 of the Rules of Civil Procedure.
The court found Wawanesa did not require leave under Rule 48.04 as it had not set the action down for trial or consented to its placement on the trial list.
However, the court criticized Wawanesa's significant delay in seeking IMEs, noting its failure to list expert witnesses in pretrial briefs.
The motion for a neurological examination was granted with strict deadlines for report service, while requests for occupational therapy, otolaryngology, and psychiatric examinations were dismissed due to lack of evidence regarding their necessity or the plaintiff not relying on such evidence.
