News/Blog
When the Dosage Is Deadly
Medication errors are a silent but serious threat in Canadian healthcare. From incorrect dosages to wrong-route administration, these preventable mistakes cause thousands of injuries and deaths each year—yet they rarely receive the attention they deserve.
Misdiagnosed with Terminal Cancer: The Legal Hurdles Facing Malpractice Victims
After a Nova Scotia woman was mistakenly told she had terminal breast cancer, experts highlight just how difficult it can be to pursue a medical malpractice claim—even when the error is undeniable.
Court Upholds Medical Malpractice Settlement for Knee Injury Despite Plaintiff’s Claims of Duress
From Canadian Lawyer MagazineIn Lucuta v. Stevens, 2025 ONSC 1576, the Ontario Superior Court of Justice ruled against a woman who sought to reopen her medical malpractice case years after reaching a settlement. The plaintiff alleged she accepted the agreement under...
Rethinking Malpractice: Why Custom Isn’t Enough Anymore
A landmark update from the American Law Institute is pushing medical malpractice law toward evidence-based care, challenging the long-standing defense of “customary practice” and reshaping how courts evaluate physician responsibility and informed consent.
Misdiagnosed as a Hangover? Doctor Denies Cree Man’s Racism Claim
A Cree man has filed a lawsuit alleging a Manitoba ER doctor dismissed his appendicitis as a hangover. The doctor denies the claims and is seeking to have the case dismissed, stating the care provided was appropriate based on clinical findings.
Pulmonary Embolism After Foot Surgery: Negligence Claim Dismissed
A man developed a pulmonary embolism following elective foot surgery, leading to a clinical negligence claim
Family Sues After Man Dies Waiting in ER
A New Brunswick family is suing Horizon Health Network and two nurses, alleging negligence after 78-year-old Darrell Mesheau died while waiting for care in a Fredericton emergency room in 2022. The defendants argue they met the standard of care and are seeking dismissal of the claim.
Court Reduces Lawyer’s $4.1M Fee in Birth Injury Malpractice Case
A $14M birth injury settlement led to a fee dispute, with the Ontario Superior Court finding the law firm’s $4.1M contingency fee unfair. The court reduced the fee to $3.25M to protect the injured child’s interests.
Why So Few Canadians Win Medical Malpractice Cases
With fewer than 1% of highly preventable medical errors resulting in compensation, Canada’s medical malpractice system leaves most victims without justice.
Patients Suffer After Nurse Dilutes ICU Pain Meds
A new lawsuit accuses Yale New Haven Hospital of failing to prevent drug tampering that left ICU patients in severe pain. Families of the affected patients are now seeking justice.
Negligence Suit Against Health Authorities Dismissed for Lack of Legal Merit
A negligence lawsuit filed by a Métis woman against BC’s Northern and First Nations Health Authorities has been dismissed by the Supreme Court of British Columbia. The court found the claim to be “long, prolix, and unclear,” ultimately ruling it failed to disclose a reasonable cause of action.
Armstrong v. Ward: Supreme Court Ruling Shifts Approach in Medical Malpractice Cases
Armstrong v. Ward is now considered a leading case in Canadian medical malpractice law. By allowing courts to assess causation before standard of care, the ruling gives plaintiffs a clearer path to proving negligence.