2 total
Dental malpractice appeal dismissed; trial judge reasonably found dentist met standard of care in emergency.
The appellant appealed the dismissal of his dental malpractice claim.
During a tooth extraction, the appellant exhibited signs of distress, prompting the respondent dentist to administer nitroglycerin under the belief the appellant was having a heart attack.
The appellant later suffered a bradycardic event at the hospital and claimed psychological injuries.
The Divisional Court upheld the trial judge's findings that the respondent met the standard of care in an emergency situation and that there was no factual causation between the administration of nitroglycerin and the subsequent hospital event.
The appeal was dismissed.
Claim for ongoing weekly income benefits dismissed due to lack of medical evidence establishing causation.
The applicant was injured when she slipped and fell on a transit bus.
She received statutory accident benefits, but the insurer terminated her weekly income benefits after she returned to work.
The applicant later stopped working due to another workplace incident and sought reinstatement of her weekly income benefits, as well as medication and travel expenses.
The arbitrator found insufficient medical evidence connecting her ongoing inability to work to the bus accident, relying on medical reports indicating her injuries should not prevent her from performing her normal activities.
The claims for weekly income benefits and medical expenses were dismissed, though the applicant was awarded her hearing expenses.