News & Publications

Medical Malpractice

Medical Negligence – What can a medical negligence action accomplish?

Written by on August 04, 2017.

Many individuals who have suffered an adverse event within the health care system may consider pursuing a medical negligence action. For information and a discussion on what constitutes a medical negligence action, please refer to our previous article, which can be accessed here. Within this article, the purpose of a medical negligence action will be discussed. When contemplating commencing a medical negligence action, individuals and their families may wonder: What can be accomplished in a...

The Right to Physician-Assisted Suicide – Carter v. Canada, 2015 SCC 5

Written by on July 28, 2015.

Introduction In February 2015, the Supreme Court of Canada released this landmark decision holding that it violates Charter rights to deny access to physician-assisted suicide to a competent adult person, who clearly consents to the termination of their life in the face of a grievous and irremediable medical condition that causes intolerable suffering. The Court noted, however, that a physician cannot be compelled to assist with suicide. Those opposed to the ruling argue that this right may ...

Consent of Minors to Medical Treatment

Written by on August 05, 2014.

The basis for the requirement of consent is found in the common law and in legislation in several provinces[1] including Ontario. Interestingly, consent and capacity legislation varies among the provinces such that there are differences among the provinces as to the requirements and conditions for obtaining consent. Two general requirements and conditions for obtaining consent to medical treatment are that the patient must have capacity for the treatment decision and that the consent mu...

Withdrawal of Life Support: What does the Cuthbertson and Rubenfeld v. Rasouli decision mean for patients and families?

Written by on January 20, 2014.

The family of a patient requiring life support struggles with painful decisions over life and death. The difficulty of these decisions is intensified when the patient’s substitute decision-maker (usually a close family member) and attending physicians disagree as to whether life sustaining measures should be withdrawn. The family of a patient requiring life support struggles with painful decisions over life and death. The difficulty of these decisions is intensified when the patient&rsquo...

An Introduction to Medical Malpractice: Do I have a case?

Written by on July 09, 2013.

Jill McCartney of the Siskinds Malpractice department explains how you can determine if your case is a Malpractice case.  Jill also explains when you should be contacting a lawyer as well as what to expect during you initial consultation.Law and medicine converge in cases involving potential medical malpractice. Such cases are often complex and technical. For those impacted by potential medical malpractice, the issues are very personal. Individuals and families often are left with more ques...