2 total
Medical malpractice claim dismissed as plaintiff failed to prove he reported respiratory symptoms to his family physician.
The plaintiff brought a medical malpractice action against his family physician, alleging the physician failed to diagnose and treat a respiratory infection over several months.
The plaintiff was eventually hospitalized and required invasive surgery for streptococcal empyema, resulting in chronic pain and other ailments.
The court found that while the plaintiff did suffer from respiratory symptoms prior to his hospitalization, he failed to prove on a balance of probabilities that he reported these symptoms to the defendant during his monthly visits.
The court held that the defendant met the standard of care of a reasonable family physician and dismissed the action.
Application for accident benefits dismissed; applicant failed to prove pre-existing condition warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several chiropractic treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that a pre-existing disc herniation should remove him from the MIG.
The Tribunal found that the applicant failed to provide compelling medical evidence that his pre-existing condition would prevent him from achieving maximum medical recovery within the MIG limit.
The Tribunal accepted the respondent's insurer examination reports, which concluded the injuries were minor soft tissue injuries.
The application was dismissed as the MIG limit had been exhausted.
