Dr. Jason Lazarou

The appellant physician appealed a trial judgment finding her liable for the respondent's catastrophic brain injury following an acute asthmatic attack.

The trial judge found the appellant breached the standard of care by delaying intubation and failing to call for help sooner.

On appeal, the appellant argued the trial judge improperly relied on a critical care note containing double hearsay and opinion evidence regarding the respondent's hypoxemia, and erred in his causation analysis.

The Court of Appeal dismissed the appeal, holding the note was admissible under the business records exception and as a party admission, and that the trial judge's causation findings were supported by the expert evidence.

The plaintiff suffered a severe asthma attack and was admitted to the hospital.

The defendant internist assumed care but failed to promptly consult an intensive care specialist or arrange for timely intubation by an experienced clinician.

The plaintiff was eventually intubated by a respiratory therapist after multiple attempts and suffered a hypoxic brain injury, rendering her an incomplete quadriplegic.

The court found the defendant breached the standard of care by failing to consult a specialist sooner, delaying the decision to intubate, and failing to ensure the most experienced clinician performed the procedure.

The court also found that these breaches caused the plaintiff's brain injury.

Judgment was granted for the plaintiffs.

The applicant sought statutory accident benefits following a motor vehicle accident.

The insurer denied income replacement benefits (IRBs) and medical benefits, arguing the applicant was not employed at the time of the accident and her injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found the applicant failed to prove she was employed pre-accident, dismissing the IRB claim.

However, the Tribunal determined the applicant sustained a concussion, removing her from the MIG.

The Tribunal denied a chiropractic treatment plan as not reasonable and necessary, but approved a psychological assessment treatment plan, reducing the hourly rate to comply with FSCO Guidelines, and awarded $1,847.46 plus interest.