Dr. P. Muller

2 total

TP

Motion to add defendants granted as claims were not reasonably discoverable until medical chart review.

The plaintiff, who was rendered paraplegic following spinal surgery, brought a motion to amend his statement of claim to add his former family doctor and chiropractor as defendants, and to add new allegations against the defendant surgeon.

The surgeon brought a cross-motion to dismiss the action for delay.

The court dismissed the cross-motion, finding the delay was not contumelious and caused no actual prejudice.

The court denied the plaintiff's request to add new allegations against the surgeon, ruling they were statute-barred new causes of action.

However, the court allowed the addition of the family doctor and chiropractor, finding the claims against them were not reasonably discoverable until the plaintiff's counsel obtained and reviewed the family doctor's medical chart.

Musllam v. Hamilton General Hospital, 2021 ONSC 91

Neurosurgeon · neurosurgery and standard of care · Retained by Applicant

SB

Susan Bromley

Suspended Administratively17 cases2004–2014

LB

Lawrence Blackman

OFSCDRS0 cases1995–2016

OFSCDRSDec 10, 2012

Arbitrator's causation findings upheld, but matter remitted for proper calculation of Whole Person Impairment.

The appellant appealed an arbitrator's decision finding that her 1999 motor vehicle accident did not cause her 2001 discectomy and chronic pain, and that she did not sustain a catastrophic impairment.

The Director's Delegate upheld the arbitrator's factual findings on causation, noting they were supported by evidence and not based on a misapprehension of law.

However, the Delegate found that the arbitrator erred by failing to follow the required methodology under the AMA Guides to calculate the appellant's Whole Person Impairment (WPI) for her other impairments.

The matter was remitted to the arbitrator to determine the specific impairment ratings and whether they combine to 55% or more WPI.