Category: Medical Malpractice

“Incompetent” Doctor Ordered to Undergo Retraining Appeals: Cape Breton

by John McKiggan

Cape Breton Doctor Incompetent

The College of Physicians and Surgeons of Nova Scotia found Dr. Stani Osif guilty of professional misconduct and professional incompetence under the Nova Scotia Medical Act. I posted about the charges a couple of months ago: Cape Breton Doctor so “Incompetent” no Training Program can Help: College of Physicians.

Osif Ordered to Retrain

I see that the College has ordered Dr. Osif to undergo retraining and pass the Canadian College of Family Physicians certification test. According to a report by the CBC, if Osif doesn’t complete the retraining, and pay the College $200,000.00 in legal fees, her license to practice medicine in Nova Scotia will be revoked. You can read the entire College decision here.

Altered Medical Files: “I think my records have been tampered with!”

by John McKiggan

Altering medical records does not happen as often as it appears to happen on television or in the movies. However, it happens enough that experienced medical malpractice lawyers develop a sense of when further investigation into the legitimacy of a medical record or chart is warranted.

One of my favourite movies of all times is The Verdict with Paul Newman. I love the scene where he finally realizes that he can prove that the defendant doctor altered the medical files of the woman who was left in a coma because of the doctor’s negligence.

Lessons Learned From Past Cases:

No “Wrongful Life” in Canada: Supreme Court

by John McKiggan

In Canada there is no such thing as a claim for “wrongful life”. In a ruling released last week, the Supreme Court of Canada denied leave to appeal a Court of Appeal decision that confirmed that Canadian law does not recognize the tort of “wrongful life” as a legitimate cause of action.

In Hergott, et al. v. Bovingdon the defendant doctor prescribed a fertility drug for the plaintiff mother. The doctor did not explain the risks of taking the drug to the mother.

The drug caused the mom to become pregnant with twins. Unfortunately, the twin pregnancy caused a premature birth, and the premature birth caused the twins to be born with severe disabilities.

Officials told to Turn a Blind Eye to Cancer Test Results: N.L.

by John McKiggan

Moira Hennessey, an assistant deputy minister in Newfoundland and Labrador’s health department has told the Cameron Inquiry that she was ordered not to question confusing figures about cancer test results according reports from the CBC.

“Forgot” to tell Bosses about Problems

She also testified that she “forgot” to pass on information on problems with cancer screening results to her bosses.

Disgraced Pathologist Menon “Sorry” but Blames Everyone in Sight

by John McKiggan

Dr. Rajgopal Menon, the dismissed pathologist at the centre of a public inquiry into botched cancer screening tests and autopsies in New Brunswick, apologized to his former patients yesterday for any errors he may have made.

Menon “Apologizes”

“I wish to sincerely apologize to any patient if I have made an error in reading their pathology slides. I was not aware of any errors in my work.”

Cape Breton Doctor so “Incompetent” no Training Program can Help: College of Physicians

by John McKiggan

Dr. Stani Osif of Cape Breton has been found guilty of “incompetence and professional misconduct” in a number of incidents at Northside General Hospital in North Sydney between 2003 and 2006 according to a story in today’s Chronicle Herald.

In June 2007 the College of Physicians and Surgeons of Nova Scotia suspended Dr. Osif’s license to practice medicine.


Man Set on Fire During Heart Surgery Sues Doctor: Vernon B.C.

by John McKiggan

Robbin Reeves underwent a liver transplant surgery at the Vancouver General Hospital in February 2006. He woke up with severe burns to his neck and shoulder.

Reeves has filed a medical malpractice claim in which he claims that during the surgery his heart stopped and doctors performed an open cardiac massage. Reeves’s lawsuit claims doctors tore one of the chambers of his heart and, in the rush to prepare for the emergency surgery, alcohol on his neck and shoulder caught fire, leaving him with serious burns.

You can read more details here.

Disgraced Pathologist Menon’s Work had ‘Big Problems’: New Brunswick

by John McKiggan

A review of surgical pathology practices at the Miramichi Regional Hospital found there were “big problems” with the work of Dr. Rajgopal Menon according to a report in the Chronicle Herald today.

The latest revelation in the ongoing inquiry into the botched cancer screening fiasco in New Brunswick came yesterday.

Dr. Rosemary Henderson, medical director of the Queen Elizabeth Hospital in Charlottetown, and pathologist, Dr. Bruce Wright, conducted a review of Menon’s cases at the request of New Brunswick’s College of Physicians and Surgeons more than a year ago.

New Brunswick Court Orders Compensation for Mother of Baby Born after Failed Tubal Ligation

by John McKiggan

The National Post has reported that a mother from New Brunswick who became pregnant after a failed tubal ligation has been awarded $90,000.00 in compensation.

The woman, who was 26 years old at the time of the procedure, had three children to support, her husband was seriously ill, his business was failing and the couple had lost their house and car. To prevent the expense of further additions to the family, she had a tubal ligation, a permanent sterilization procedure thousands of Canadian women undergo every year.

After she became pregnant, she filed a medical malpractice lawsuit against the doctors that performed the procedure and the Hospital where the procedure was performed.