P. Harte

In a medical malpractice action alleging a misdiagnosed spinal cord injury, the defendants moved for an order requiring the plaintiff to undergo a neuropsychological assessment.

The motion was brought eight years after the statement of defence and nine months before trial.

The court dismissed the motion, finding no evidence to support an allegation of cognitive impairment, and concluding that the elements of fairness, necessity, and prejudice weighed against ordering the examination at such a late stage.

The plaintiff suffered a debilitating stroke and sued his family physician for medical malpractice, alleging negligence in the management of his Coumadin (blood thinner) therapy.

The court found that the physician breached the standard of care by failing to appropriately adjust the plaintiff's dosage and monitor his INR levels after subtherapeutic readings and a reported transient ischemic attack.

The court concluded that this breach caused the stroke and dismissed the defendant's claim of contributory negligence, finding the plaintiff acted reasonably.