Dr. Myers

The applicant sought statutory accident benefits following a motor vehicle accident, including psychological services, cardiac rehabilitation, and provider mileage.

The Licence Appeal Tribunal found the applicant was entitled to $2,200 for a psychological assessment, as both the applicant's and respondent's psychologists diagnosed accident-related psychological conditions.

However, the Tribunal denied the request for a neuropsychological assessment due to a lack of corroborating medical evidence of cognitive impairment.

The Tribunal also denied the claims for cardiac rehabilitation, finding no cardiac indication for supervised exercise, and denied the claims for provider mileage and PPE as they are not payable under the Schedule.

The plaintiff underwent open-heart surgery to remove a mass that was pre-operatively diagnosed as a likely myxoma (tumor) but was post-operatively confirmed to be a thrombus (blood clot).

The plaintiff brought a medical negligence action against the involved cardiologists, cardiac surgeon, and cardiac anaesthetist, alleging they breached the standard of care by failing to diagnose the mass as a clot and treat it medically, and by failing to obtain informed consent.

The Superior Court of Justice dismissed the action, finding that the physicians met the standard of care in their differential diagnosis and treatment plan, as the mass had unusual features suggestive of a tumor and required surgical removal regardless.

The court also found that causation was not established and that informed consent was properly obtained.