Dr. Tom Stanton

2 total

SR

Medical malpractice action dismissed as physician's failure to send referral did not cause patient's sudden death.

The plaintiffs brought a medical malpractice action against the deceased's family physician following the deceased's sudden cardiac death.

The plaintiffs alleged the physician breached the standard of care by failing to elicit symptoms of coronary artery disease during a periodic health examination and by failing to send a referral for a stress test.

The court found the physician met the standard of care during the examination.

While the physician admitted breaching the standard of care by failing to send the referral later, the court concluded this breach did not cause the death, as the deceased would not have received treatment before his death due to specialist wait times, and the fatal arrhythmia was likely caused by pre-existing scarring rather than an acute ischemic event.

The action was dismissed.

The Estate of Carlo DeMarco et al. v. Dr. Martin et al., 2019 ONSC 2788

Family Physician · family medicine · Retained by Respondent

JS

Joseph J. Sullivan

23 cases1994–2016

FZ

Frank G. Zambosco

2 cases1994–2015

SA

Suesan Alves

OFSCDRS0 cases1994–2016

OFSCDRSAug 3, 1994

Applicant awarded ongoing weekly income benefits for post-traumatic fibromyalgia; special award denied.

The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.

The applicant sought ongoing benefits, claiming she was unable to perform her occupation as a housecleaner due to post-traumatic fibromyalgia.

The insurer argued she was exaggerating her symptoms and could return to work.

The arbitrator preferred the evidence of the applicant's treating physicians, finding her pain genuine and her inability to work through it justified.

The arbitrator awarded ongoing weekly income benefits, interest, and expenses, but denied a special award, finding the insurer's termination was not unreasonable given the conflicting medical opinions and the applicant's exaggerated behaviours.