Medical Malpractice

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 irr…

The basis for the requirement of consent is found in the common law and in legislation in several provinces1 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…

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 m…

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…