Dr. Lalonde

The applicant requested a reconsideration of a decision finding she was not catastrophically impaired.

She argued the Tribunal breached procedural fairness by failing to assess two spheres of Criterion 8, and made errors of law and fact in assessing her visual and psychiatric impairments.

The Tribunal dismissed the request, finding no breach of procedural fairness as the statute did not require further analysis.

The Tribunal also found no errors of law or fact, noting that the applicant's experts failed to follow the AMA Guides' methodology for rating impairments.

The request for reconsideration was dismissed.

The plaintiff, a diabetic patient, brought a medical malpractice action against her family physician after requiring a below-knee amputation due to an undiagnosed neuropathic fracture (Charcot foot).

The plaintiff alleged the physician breached the standard of care by failing to order timely imaging or refer her to an orthopedic specialist.

The court found that the physician's treatment did not fall below the standard of care, noting that the condition was rare and not detected by other specialists who examined the plaintiff during the same period.

Although the court concluded that timely imaging would likely have saved the leg, the action was dismissed because the standard of care was not breached.