Dr. Frank Silver

The plaintiff attended the emergency department with symptoms of dizziness, nausea, and facial weakness, and a referral note from his family doctor requesting to rule out a stroke.

The defendant emergency physician diagnosed peripheral vertigo and Bell's Palsy, and discharged the plaintiff without conducting a gait assessment or consulting a neurologist.

The plaintiff returned the next day with a severe basilar artery occlusion, resulting in catastrophic long-term disabilities.

The court found the defendant breached the standard of care and that, but for this breach, the plaintiff would have received timely recanalization treatment with a successful outcome.

The defendant's request for a 25% discount on the agreed damages was dismissed.

The applicant was found outside his truck after it struck three parked vehicles.

He suffered a severe stroke and later died.

His estate sought statutory accident benefits, arguing the stroke was caused by the collision or a panic-induced spike in blood pressure resulting from the collision.

The insurer argued the stroke occurred spontaneously prior to the collisions.

The arbitrator found that the applicant's panic reaction to the first impact caused a precipitous rise in blood pressure, which, combined with his susceptibility to stroke and possible head trauma, caused the stroke.

Therefore, the impairments were sustained as a result of an 'accident' under the Schedule.