Police Investigating ER Death

Winnipeg police have announced they have created a “special team” to conduct a criminal investigation into the death of Brian Sinclair.

Medical Malpractice Claim Filed After Hospital Waiting Room Death

Mr. Sinclair died in the Emergency Department of a Manitoba hospital after waiting 34 hours to be seen by a doctor.

A corner’s inquest has been called.

Criminal Charges Against Doctors Unusual

Criminal prosecutions in cases of alleged medical negligence are extremely rare in Canada. That is because there is a different burden of proof that applies to criminal prosecutions and medical malpractice claims.

In a criminal prosecution the criminal charges must be proven “beyond reasonable doubt”. But in a lawsuit for medical malpractice, negligence must be proven “on the balance of probabilities”.

For a more detailed explanation about the differences in the burden of proof, take a look at one of my earlier posts Medical Malpractice Claims: The Burden of Proof and O.J. Simpson