FACTUM OF THE RESPONDENT,

Size: px
Start display at page:

Download "FACTUM OF THE RESPONDENT,"

Transcription

1 Court File No. C58338 COURT OF APPEAL FOR ONTARIO BETWEEN: BLAKE MOORE Respondent (Plaintiff) DR. TAJEDIN GETAHUN,THE SCARBOROUGH HOSPITAL-GENERAL DIVISION, DR. JOHN DOE and JACK DOE Appellant Defendants) FACTUM OF THE RESPONDENT, BLAKE MOORE September 5, 2014 PAPE BARRISTERS Professional Corporation Suite Box 69 One Queen Street East Toronto, ON M5C 2W5 Paul J. Pape (12548P) Joanna L. Nairn (65220T) jnairn papebarristers.com Tel: (416) Fax: (416) Lawyers for the Respondent (Plaintiff)

2 TO: LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP Barristers Suite Adelaide Street West Toronto, ON M5H 3P5 J. Thomas Curry Jaan E. Lilles Tel: (416) Fax: (416) Lawyers for the Appellant (Defendant) AND TO: BEARD WINTER LLP Lawyers 130 Adelaide Street West Suite 701 Toronto, ON M5H 2K4 John A. Olah Tel: (416) Fax: (416) Lawyers for the Intervener, Canadian Defence Lawyers Association AND TO: AIRD & BERLIS LLP Barristers & Solicitors 181 Bay Street Suite 1800 Toronto, ON M5J 2T9 Courtney Raphael Tel: (416) Fax: (416) Lawyers for the Intervener, The Canadian Institute of Chartered Business Valuators

3 AND TO: McCARTHY TETRAULT LLP 66 Wellington Street West Suite 5300, P.O. Box 48 Toronto, ON M5K 1E6 William D. Black Tel: (416) Fax: (416) Lawyers for the Intervener, The Holland Access to Justice in Medical Malpractice Group ("The Holland Group") AND TO: PALIARE ROLAND ROSENBERG ROTHSTEIN LLP Barristers 155 Wellington Street West 35th Floor Toronto, ON M5V 3H1 Linda Rothstein Jean-Claude Killey Tel: (416) Fax: (416) Lawyers for the Intervener, The Advocates' Society AND TO: OATLEY, VIGMOND Personal Injury Lawyers LLP 151 Ferris Lane Suite 200 Barrie, ON L4M 6C1 James L. Vigmond Tel: (705) Fax: (705) Lawyers for the Intervener, Ontario Trial Lawyers Association

4 AND TO: HENEIN HUTCHINSON LLP 235 King Street East 3rd Floor Toronto, ON M5A 1J9 Marie Henein Tel: (416) Fax: (416) Lawyers for the Intervener, The Criminal Lawyers' Association

5 INDEX

6 INDEX PART I: OVERVIEW Page 1 PART II: STATEMENT OF FACTS Page 5 A. Undisputed Facts Page 5 B. Facts in Dispute Page 10 C. Expert Evidence at Trial Page 12 D. Justice Wilson's Reasons Page 19 PART III: POSITION ON APPELLANT'S ISSUES Page 23 I. THE TRIAL JUDGE DID NOT ERR IN HER APPROACH TO THE EXPERT EVIDENCE Page 24 A. Legal Principles Regarding the Use of Expert Evidence Page 24 B. The Decision Did Not Turn on These Disputed Legal Issues Page 29 II. THERE WAS No UNFAIR INTERFERENCE IN THE TRIAL Page 36 A. Questioning of Dr. Taylor Was Proper Page 36 B. Appellant's Other Complaints Have No Basis in Fact or Law Page 39 C. Conclusions on Trial Unfairness Page 43 III. THE TRIAL JUDGE DID NOT ERR IN HER APPROACH TO DR. ORSINI'S EVIDENCE Page 44 IV. THE TRIAL JUDGE DID NOT ERR IN HER CAUSATION ANALYSIS Page 46 PART IV: ADDITIONAL ISSUES Page 49 PART V: ORDER SOUGHT Page 50

7 TAB 1

8 Court File No. C58338 COURT OF APPEAL FOR ONTARIO BETWEEN: BLAKE MOORE Respondent (Plaintiff) - and - DR. TAJEDIN GETAHUN,THE SCARBOROUGH HOSPITAL-GENERAL DIVISION, DR. JOHN DOE and JACK DOE Appellant (Defendants) FACTUM OF THE RESPONDENT, BLAKE MOORE PART I: OVERVIEW 1. Blake Moore suffered a violent, high energy wrist fracture when he lost control of his motorcycle and crashed into a parked Hummer. He was taken to hospital where the Appellant, Dr. Tajedin Getahun, was the orthopedic surgeon on call. Dr. Getahun attempted to manually realign the wrist and then applied a full circumferential plaster cast. X-rays taken after the cast was applied showed that a bone fragment was markedly out of place and that surgery was required. Mr. Moore's pain actually increased after the attempt to realign his wrist, and the arm was swelling and growing numb. Although Dr. Getahun offered to perform surgery that day, he told Mr. Moore 1

9 that it could be done any time in the next week. Mr. Moore decided that he wanted to be treated by a surgeon who had previously operated on his brother, and was discharged from the hospital. 2. When Mr. Moore woke up the next morning his arm was very swollen and he was in excruciating pain. Although Dr. Getahun had told him that pain and swelling were normal, he knew that something was not right. He went to another hospital, where an emergency room doctor immediately diagnosed him with compartment syndrome, a complication particularly associated with high impact fractures in which the injured muscle tissue swells within inflexible compartments of fascia. Left untreated, the swelling will cut off blood supply, causing muscle damage and eventually necrosis. Compartment syndrome is a very serious condition that can only be alleviated by surgically releasing the pressure in the compartments. 3. Mr. Moore underwent surgery that day, to both alleviate his compartment syndrome and fix the displaced bone fragment. He was treated in time to avoid muscle necrosis, but suffered permanent muscle damage. Even after several additional surgeries, he has a dramatically reduced range of motion in that arm, extensive scarring, and has trouble completing daily tasks. 4. Mr. Moore sued the Appellant, alleging that his compartment syndrome was caused by the application of a full cast. A high impact injury like Mr. Moore's can be expected to cause significant swelling. Because a full cast in contrast to a splint or bivalved (half) cast encloses the arm and does not have any give, it acted as an external barrier that quickly became far too tight. This increased the pressure inside the arm and caused the compartment syndrome to develop. The Appellant, however, contended that the compartment syndrome was solely caused by the initial injury and that the use of a full cast was proper. 5. The trial was before a judge alone, with 7 days of evidence. The parties introduced competing expert evidence from orthopedic surgeons. Mr. Moore's expert had worked in several 2

10 Toronto hospitals, had a great deal of experience treating compartment syndrome, and routinely taught, lectured, and wrote about the subject. He unequivocally stated that a full circumferential cast could (and in this case, most likely did) cause a compartment syndrome to occur where the injury alone would not have produced that result. He also testified, based on his extensive experience of practicing and teaching medical students in Ontario, that it was below the standard of care to apply a full cast to a high impact wrist fracture, and that a splint or bivalved cast should instead have been used. 6. The Appellant called two experts. One was a retired surgeon who had practiced in a single hospital in Orillia for his entire career. He had never treated a case of compartment syndrome in an upper extremity, and did no teaching or research work in that area. The other had been a surgeon for only four months at the time of Mr. Moore's accident, and was primarily an academic who worked in a clinic a few days each month. Those experts testified that the standard of care in Ontario allowed either a full cast or a splint or bivalved cast to be used on a high impact wrist fracture. But both said that if the patient planned to have surgery on the fracture that they would bivalve the cast rather than leaving a full cast in place, because the risk of a full cast would not be outweighed by the need to keep a well-aligned fracture stable. They also testified that a cast could not cause compartment syndrome because the precipitating factor was the underlying injury, though both conceded that a tight cast could exacerbate or aggravate the development of compartment syndrome. 7. The trial judge found in favour of Mr. Moore. Her decision was laid out in 87 pages of Reasons, which explained in great detail why she preferred Mr. Moore's evidence to that of the Appellant. 3

11 8. The trial judge also made two rulings regarding expert evidence. The first was a prospective statement that in the future, counsel should not meet with expert witnesses to review their draft reports and that all discussions between counsel and experts should be documented. The second was that expert reports that the parties did not consent to admit as evidence could nonetheless be used to assess the credibility of those witnesses. 9. These rulings were incorrect. But they also had no effect on the outcome of the trial. The trial judge was driven to make the first by impropriety on the part of defence counsel in this case. But her prospective statements were not retroactively applied here. Instead, the trial judge found that the specific interactions between counsel and the expert witness in this case had resulted in counsel improperly shaping the expert's opinion. She concluded that this was one of the many different factors that reflected negatively on that witness' credibility. There is no question that counsel is not permitted to influence or change an expert's opinion to favour their position. The trial judge was entitled to make the fact-based determination that such improper conduct occurred here. And that finding is entitled to considerable deference on appeal. 10. The second ruling of the trial judge, regarding the use of expert reports to evaluate credibility, was also wrong. But the trial judge did not use the reports in that manner in this case. In assessing credibility, she only referred to portions of the reports that had been put in issue during the witnesses' testimony. That is not an error. Moreover, the Reasons make clear that the trial judge had numerous and far more serious reasons for doubting the testimony of the defence experts. The few passing references to reports did not affect the decision. 11. These are the two legal issues of significance in the case. But the Appellant also raises a host of other, primarily factual, points that he claims were in error. As described in detail below, he is incorrect with respect to each. 4

12 PART II: STATEMENT OF FACTS A. Undisputed Facts 12. Many of the facts in this case are not in dispute. 13. On Saturday, November 12, 2005, Blake Moore lost control of the motorcycle he was riding and crashed into a parked vehicle. He was traveling at approximately 40 to 50 kilometers per hour when the crash occurred, and the force of the impact caused the vehicle he hit, a Hummer, to move two feet. Mr. Moore took the brunt of the impact on his right wrist.' At the time, he was 21 years old and was an electrical apprentice Mr. Moore's friends called 911. The paramedic who treated Mr. Moore found that his right wrist was injured, and described its condition as "swollen with altered sensations."3 Mr. Moore was taken to Scarborough General Hospital's emergency department, where he was seen by a nurse who also observed swelling in his wrist Mr. Moore was also seen by an emergency room physician, Dr. Jyu. Although Mr. Moore did not remember meeting with Dr. Jyu, the doctor's notes reflect that he prescribed various pain medications for Mr. Moore and called for an orthopedic surgeon.5 Dr. Jyu did not testify at trial. 16. The surgeon who was called was the Appellant, Dr. Tajedin Getahun. Dr. Getahun qualified as an orthopedic surgeon in August 2005, approximately three months before Mr. Moore's accident.6 Dr. Getahun testified at trial that he did not remember many of the details of his interactions with Mr. Moore, and in giving his evidence relied primarily on his notes as well as his usual practice in such cases.' Reasons, at paras , Compendium, Tab 1, p Reasons, at paras , Compendium, Tab 1, p Reasons, at para. 90, Compendium, Tab 1, p Reasons, at para. 91, Compendium, Tab 1, p Reasons, at para. 93, Compendium, Tab 1, pp Reasons, at para. 79, Compendium, Tab 1, p 16. Reasons, at paras , Compendium, Tab 1, p 19. 5

13 17. Although there is some disagreement as to details, the parties agree on the basic facts of the treatment that Dr. Getahun delivered. After examining the wrist and speaking with Mr. Moore, Dr. Getahun suspected a distal radius fracture in Mr. Moore's right wrist, and noted displacement. He sent Mr. Moore for an x-ray.8 The x-ray confirmed the fracture diagnosis. It revealed a "dinner fork" fracture with significant displacement and two large bone fragments, one of the distal radius styloid and one of the lunate facet At that point, Mr. Moore requested and was given additional pain medication.i Dr. Getahun then injected a hematoma block to freeze the arm and attempted a "closed reduction," in which he manipulated the arm in an effort to move the bones into the correct position. A closed reduction requires significant force be applied to the arm.' I 19. Dr. Getahun then applied a closed circumferential plaster cast to the lower right arm. Dr. Getahun testified that his standard practice with distal radius fractures was to apply this type of full circumferential cast, as opposed to a splint or a bivalved cast (a cast that is cut in half, then usually held in place with a bandage). He testified that his choice of a circumferential cast did not take into account Mr. Moore's age, sex, or the type of injury he sustained (a high impact or high energy fracture),i2 20. After the cast was in place, Dr. Getahun ordered a second set of x-rays to view the results of the closed reduction. They revealed that although the distal radius styloid had been successfully aligned, the lunate facet was depressed and was rotated 180 degrees.i3 8 Reasons, at paras. 98, 102, Compendium, Tab 1, pp Reasons, at paras , Compendium, Tab 1, p Reasons, at para. 107, Compendium, Tab 1, p Reasons, at paras , Compendium, Tab 1, p 21. The parties disagreed as to whether one or two attempts was made at the closed reduction. Because Dr. Getahun did not have a specific memory of his treatment and Mr. Moore had a clear memory of being told that the first attempt had failed and a second attempt would be needed, the trial judge found that two attempts occurred. 12 Reasons, at paras , Compendium, Tab 1, pp Reasons, at para. 121, Compendium, Tab 1, pp 22-23, 6

14 21. Dr. Getahun then discussed treatment options with Mr. Moore and with Mr. Moore's father, who had by then arrived at the hospital. The parties disagree as to some of the details of those conversations. They agree, however, that Dr. Getahun recommended surgery to place an external fixator to stabilize the wrist and that he also mentioned the possibility of a bone graft from Mr. Moore's hip.i4 Mr. Moore was concerned that the surgery sounded quite serious and was also worried by Dr. Getahun's age and inexperience. He told Dr. Getahun he wanted to get a second opinion from Dr. Orsini, an orthopedic surgeon at North York General Hospital who had previously treated Mr. Moore's brother. Dr. Getahun told him that he had a week to get another opinion and proceed with surgery. I5 22. Before discharging Mr. Moore, Dr. Getahun told him that pain and swelling were normal for an injury of this type. He told him continued numbness and pain would be expected for two or three days.16 Mr. Moore was also told that he should go to the hospital again if the swelling got worse or the cast was too tight.i7 23. Mr. Moore was discharged and his father took him home. He took pain medication and went to sleep. When he woke up at 7:30 a.m., he was in considerable pain and his arm was swollen to twice its normal size.i8 Although he had been told that pain and swelling were expected, Mr. Moore was alarmed by this and knew that something was wrong. When additional medication did not alleviate the pain, his father drove him to the emergency room at North York General Hospita Reasons, at paras , , Compendium, Tab 1, pp 23-24, Reasons, at paras. 127, 129, 134, , Compendium, Tab 1, pp 23-24, 24, 24-25, Reasons, at paras , Compendium, Tab 1, p Reasons, at para. 154, Compendium, Tab 1, p Reasons, at paras , Compendium, Tab 1, pp Reasons, at para , Compendium, Tab 1, pp

15 24. The triage nurse saw Mr. Moore at approximately 12:00 p.m. She did not have any independent memory of those events, and testified solely to the contents of her notes. Her notes mentioned that the complaint was a tight cast and swelling and pain. But she also testified, based on her notes, that Mr. Moore was not moaning or writhing in pain, and that she did not identify Mr. Moore as an urgent case.20 Mr. Moore, however, knew that something was wrong and did not wait to be seen. Instead, he approached another hospital employee (likely a cast technician) who took one look at his hand and immediately contacted the emergency room doctor on duty, Dr. Tanzer At approximately 1:15 p.m., Dr. Tanzer saw Mr. Moore out of turn. He immediately formed a working diagnosis of compartment syndrome, and sent Mr. Moore for x-rays.22 Compartment syndrome is a very serious condition in which muscle tissue swells within a compartment bounded by fascia (a fibrous tissue). Because this fascial layer has little ability to stretch, pressure increases in the compartment and reduces blood supply to the muscle. As the muscle is damaged, it leaks fluid, which increases the pressure in the compartment and sets off a self-perpetuating cycle that can result in permanent muscle damage or even necrosis. 26. Dr. Tanzer observed from the x-rays that the lunate facet fragment in Mr. Moore's wrist was not aligned and was pressing on tissue, contributing to the swelling.23 He also observed that the cast was too tight. At shortly before 2:00 p.m., he then split the cast. This did not alleviate Mr. Moore's pain and swelling, so Dr. Tanzer then contacted Dr. Orsini, who happened to be one of the surgeons on call that day Reasons, at para , Compendium, Tab 1, p Reasons, at paras , Compendium, Tab 1, pp Reasons, at paras. 174, 180, Compendium, Tab 1, pp 31, Reasons, at paras , Compendium, Tab 1, pp Reasons, at para. 179, , Compendium, Tab 1, p 32. 8

16 27. Dr. Orsini was in surgery but examined Mr. Moore after his surgery ended, sometime between 2:00 and 3:00. He advised Mr. Moore that he, like Dr. Tanzer, believed this was a compartment syndrome. He then examined him again at approximately 5:00 p.m. and the decision was taken to perform a fasciotomy.25 A fasciotomy is a surgical procedure that involves cutting into the arm's compartments to release the pressure that has built up due to compartment syndrome. It is the only treatment for a fully developed compartment syndrome, and would not be perfolined for any reason other than to remedy a compartment syndrome In Mr. Moore's case, the fasciotomy was performed on both the volar and dorsal sides of his right forearm. During the surgery, the displaced bone fragment was also realigned and pinned in place. The surgery took place at approximately 6:30 p.m.27 Dr. Orsini noted that the muscles in Mr. Moore's arm appeared to be red, bleeding, and contractile, indicating that they had not yet experienced muscle necrosis. His operative notes confirm the compartment syndrome diagnosis Although Mr. Moore did not experience muscle death, there was significant damage as a result of the compartment syndrome and the serious nature of the fasciotomy. Mr. Moore required several additional operations and has extensive scarring, a reduced range of motion in his right wrist (approximately 50% of that of his left wrist), and stiffness in his right elbow. He has 25 Reasons, at paras. 182, , Compendium, Tab 1, pp 32, Transcript, October 21, 2013, p.144, In.17 p.i45, In.3, Compendium, Tab 6, pp ; Transcript, October 23, 2013, p.77, In.22 p.78, In.15, Compendium, Tab 7, pp Reasons, at paras. 193, 196, Compendium, Tab 1, pp Reasons, at para. 196, Compendium, Tab 1, p 34. A11 of the expert witnesses agreed with and adopted this diagnosis. See Transcript, October 21, 2013, p.60, In.22 p.61, In.19 (Dr. Richards describing photograph of Mr. Moore's "grossly swollen muscle protruding through the partially closed fasciotomy," and noting this is "a common phenomenon once compartment syndrome develops, that it's not possible to close the skin"), Compendium, Tab 6, pp ; Transcript, October 21, 2013, p.77, In.1-16 (Dr. Richards stating that, based on Dr. Orsini's observations of a passive stretch test performed on Mr. Moore, Mr. Moore had "the most important sign" of compartment syndrome), Compendium, Tab 6, p 109; Transcript, October 23, 2013, p.108, In.1 p.109, ln.3 (Dr. Taylor agreeing that at the time that Mr. Moore's cast was removed, "there was no turning back because at that point the compartment syndrome had progressed to a point that the only solution was surgical intervention."), Compendium, Tab 7, pp ; Transcript, October 24, 2013, p.199, In.' 1-17 (opining on the cause of Mr. Moore's compartment syndrome); Compendium, Tab 9, p

17 difficulty with both occupational activities and daily tasks like brushing his teeth and opening doors The parties reached an agreement as to damages, in the amount of $350,000 (inclusive of pre judgment interest).39 The only issue in this case was Dr. Getahun's liability.31 B. Facts in Dispute 31. There was some disagreement at trial regarding Mr. Moore's symptoms immediately after the closed reduction was performed and after the cast was applied. Mr. Moore testified that the swelling and pain in his arm became significantly worse after the closed reduction.32 He complained of swelling, pain, and numbness after the cast was applied and was told by Dr. Getahun that this was normal for high impact injuries.33 One of the defence experts, however, testified that it was his understanding that Mr. Moore did not have excessive swelling or pain at that point, and that he was "comfortable" after the cast was applied.' The Appellant did not argue this factual point in his written closing submissions, nor has the Appellant pressed it before this Court. 32. Second, the parties disagreed as to whether Mr. Moore was going to have surgery on his wrist. This was a significant factual dispute. It was tied directly to the standard of care, because even the defence experts testified that they would not use a full cast if the patient was going to have surgery within a few days. 33. Dr. Getahun had limited memory of his conversations with Mr. Moore about surgery, but remembered that Mr. Moore did not want Dr. Getahun to perform the surgery that night because he 29 Reasons, at para. 206, Compendium, Tab I, p See Appellant's Appeal Book and Compendium, Tab 2, p Reasons, at paras , Compendium, Tab 1, p Reasons, at para. 114, Compendium, Tab 1, p Reasons, at paras. 148, 156, Compendium, Tab 1, pp 27, Reasons, at para. 387, Compendium, Tab 1, p

18 wanted to seek a second opinion. According to his notes, Mr. Moore "would like to be treated at North York Hospital by Family orthopedic surgeon."35 Additionally, one of the defence experts testified that surgery was not required because Mr. Moore might have chosen to instead live with the deformity in his wrist caused by the misaligned bone fragment not being operated on.36 However, both the plaintiffs expert and the other defence expert testified that surgery was necessary because of the significant displacement of the lunate facet fragment, and the defence expert testified that the fragment was causing ligament damage.37 And Dr. Getahun did not dispute that the closed reduction was only partially successful or that surgery was necessary Finally, the parties differed as to the time at which Mr. Moore's compartment syndrome developed. Defence counsel suggested that the compartment syndrome did not develop until after the cast was removed. This argument was based exclusively on the evidence of the plaintiffs expert that muscle necrosis would be expected within "a few hours" of compartment syndrome developing, and the operative notes of Dr. Orsini which stated no necrosis was found during the fasciotomy.39 Mr. Moore's counsel, however, submitted that the compartment syndrome had begun to develop when the cast was in place, as evidenced by the testimony of one of the defence experts that compartment syndrome was in progress by the time the cast was removed, as well as Mr. Moore's description of his symptoms and the observations of Dr. Tanzer when he examined Mr. Moore before splitting his cast.' This too was a significant dispute. It was tied directly to the issue of factual causation. 35 Reasons, at paras , Compendium, Tab 1, pp Reasons, at para. 215, Compendium, Tab 1, p Reasons, at para. 212, Compendium, Tab I, p Reasons, at para. 213, Compendium, Tab 1, p Defence Closing Submissions, at para. 111, Appellant's Compendium, Tab 8B. 4 Plaintiff Closing Submissions, at paras , Appellant's Compendium, Tab 8A. 11

19 C. Expert Evidence at Trial 35. The parties also disagreed as to two ultimate issues: whether the application of the cast in the circumstances of this case met the standard of care, and whether the cast was a cause of Mr. Moore's compartment syndrome. Each presented expert evidence on those issues. Plaintiff's Experts 36. Mr. Moore initially retained Dr. Orsini, who treated his compartment syndrome, to provide an expert opinion in the case. Dr. Orsini prepared an expert report in 2006 that described his observations and treatment of Mr. Moore in 2005, as well as his opinions as to negligence and causation. Unfortunately, Dr. Orsini passed away suddenly prior to trial.` 37. Mr. Moore subsequently retained as an expert Dr. Robin Richards, the Surgeon in Chief Emeritus at Sunnybrook Health Sciences Centre and the former Medical Director of the Mobility Program at St. Michael's Hospital. Dr. Richards qualified as an orthopedic surgeon in 1982 and was described by the trial judge as a "recognized expert in upper extremity orthopedic surgery."42 Dr. Richards has been a professor at the University of Toronto faculty of medicine since 1984 and has lectured, taught, and published on upper extremity fracture care on hundreds of occasions Dr. Richards testified that it is below the standard of care in Ontario to use a full circumferential cast for an acute wrist injury.44 He teaches his students to apply splints to distal radius fractures after reductions, though he also testified that a cast that had been bivalved would be acceptable.45 He stated that in his experience splints are the most commonly used treatment for 41 Reasons, at paras , Compendium, Tab 1, p Reasons, at para. 260, Compendium, Tab 1, p 45. Reasons, at paras , Compendium, Tab 1, p Transcript, October 21, 2013, p.83, In.14-23, Compendium, Tab 6, p Transcript, October 21, 2013, p.79, In.5 p.80, In.4, Compendium, Tab 6, pp 11-11A. 12

20 distal radius factures.46 He also testified that although uncommon compartment syndrome is not rare,' and that it results in severe disability and is better prevented than treated With respect to causation, Dr. Richards testified that Mr. Moore's compartment syndrome had multiple causes: (1) the initial injury, (2) the application of a circumferential cast, and (3) soft tissue swelling within the cast as a result of the soft tissue injury and hemorrhage associated with the initial injury.49 He stated that "[i]f he had the fracture and no treatment at all, he would have probably not got a compartment syndrome, but had quite a crooked arm. If he had had the fracture and the fracture reduced and put in a splint or a bivalved cast, he probably wouldn't have got compartment syndrome."5 He agreed that compartment syndrome could develop even if no cast was in place. But he testified that the tighter the external compression of the limb by a cast or anything else the higher the chance that compartment syndrome would develop.5i He also testified about various medical records that indicated Mr. Moore's cast was too tight, and stated that "everything says it was tight, the cast was tight."52 The trial judge noted and agreed with these findings in her Reasons The trial judge found that "Dr. Richards gave his evidence in a clear and straightforward manner" and that "[he] was fair and balanced in the answers he gave, and was neutral in his 46 Transcript, October 21, 2013, p.79, In.18 p.80, In.4, Compendium, Tab 6, pp A. 47 Transcript, October 21, 2013, p.85, In.14-25, Compendium, Tab 6, p Transcript, October 21, 2013, p.78, In.17 p.79, In.4, Compendium, Tab 6, pp Transcript, October 21, 2013, p.87, ln.6 p.88, ln.4, Compendium, Tab 6, pp Transcript, October 21, 2013, p.88, In.5-16, Compendium, Tab 6, p Transcript, October 21, 2013, p.134, In.22 p.135, In.11, Compendium, Tab 6, pp Transcript, October 21, 2013, p.127, In.4-21, Compendium, Tab 6, p 120. See also Transcript, October 21, 2013, p.58, In.5-19 (describing Dr. Orsini's operative notes, which reference the tight cast), Compendium, Tab 6, p 105; Transcript, October 21, 2013, p.66, In.9-25 (describing x-ray showing that if there was padding in the cast which the Appellant and Mr. Moore agree there was the arm had swollen so much that it had "obliterated" it), Compendium, Tab 6, p Reasons, at paras , Compendium, Tab 1, p

21 approach."54 Ultimately, the trial judge preferred the evidence of Dr. Richards on the issues of standard of care and factual causation. 41. At the outset of trial, an issue was raised with respect to Dr. Regan, an orthopedic surgeon who had been asked to provide an opinion in the case on behalf of Mr. Moore. Dr. Regan is the brother of Mr. Moore's counsel. Counsel advised the court of that fact and stated that if there was any concern about the relationship, he would not tender Dr. Regan as a witness. The trial judge found that the relationship created a conflict of interest that disqualified Dr. Regan from providing evidence at tria1.55 Mr. Moore's counsel did not challenge that ruling, and no further discussion of Dr. Regan or his opinion occurred. Defence Experts 42. The Appellant retained Dr. Ronald Taylor, a retired orthopedic surgeon from Orillia. Dr. Taylor spent his entire professional career, from 1975 to 2011, as the sole orthopedic surgeon at Soldiers Memorial Hospital in Orillia. He did not have any knowledge of or exposure to practice outside Orillia. Until 2001 he treated distal radius fractures 3 or 4 times a week, but beginning in 2001 emergency room doctors took over the care of those fractures and Dr. Taylor only assisted if complications arose.56 Dr. Taylor did not lecture or write papers during his career; he testified that "university people" looked outward while he looked inward to his community Dr. Taylor was of the opinion that the application of a full circumferential cast to Mr. Moore met the standard of care because it is the surest way of maintaining the alignment that was achieved by the closed reduction. He opined that "if you look at the goals that were to be achieved 'Reasons, at para. 275, Compendium, Tab 1, p Transcript, October 15, 2013, p.83, In.20 p.90, In. 19, Compendium, Tab 2, pp Reasons, at paras, 278, , Compendium, Tab 1, p Reasons, at para. 279, Compendium, Tab 1, p

FACTUM OF THE APPELLANT, DR. TAJEDIN GETAHUN

FACTUM OF THE APPELLANT, DR. TAJEDIN GETAHUN Court File No. C58338 COURT OF APPEAL FOR ONTARIO BETWEEN: BLAKE MOORE Respondent (Plaintiff) - and DR. TAJEDIN GETAHUN,THE SCARBOROUGH HOSPITAL-GENERAL DIVISION, DR. JOHN DOE and JACK DOE FACTUM OF THE

More information

BLAKE MOORE. and FACTUM OF THE INTERVENOR, THE CANADIAN INSTITUTE OF CHARTERED BUSINESS VALUATORS

BLAKE MOORE. and FACTUM OF THE INTERVENOR, THE CANADIAN INSTITUTE OF CHARTERED BUSINESS VALUATORS Court of Appeal File No. C58338 BLAKE MOORE Respondent (Plaintiff) and DR. TAJEDIN GETAHUN, THE SCARBOROUGH HOSPITAL-GENERAL DIVISION, DR. JOHN DOE and JACK DOE Appellant (Defendants) FACTUM OF THE INTERVENOR,

More information

COURT OF APPEAL FOR ONTARIO

COURT OF APPEAL FOR ONTARIO COURT OF APPEAL FOR ONTARIO CITATION: Moore v. Getahun, 2015 ONCA 55 DATE: 20150129 DOCKET: C58338 Laskin, Sharpe and Simmons JJ.A. BETWEEN Blake Moore Respondent and Dr. Tajedin Getahun, The Scarborough

More information

BUSINESS VALUATION 101. Legal Counsel Communications with Expert Witnesses

BUSINESS VALUATION 101. Legal Counsel Communications with Expert Witnesses 2015 Legal Counsel Communications with Expert Witnesses 1 Legal Counsel Communications with Expert Witnesses 2 The role of the expert witness continues to be a hot topic of discussion. Two recent decisions

More information

The Shifting Landscape for Treating Professionals Giving Evidence: The Implications of Westerhof and Moore

The Shifting Landscape for Treating Professionals Giving Evidence: The Implications of Westerhof and Moore The Shifting Landscape for Treating Professionals Giving Evidence: The Implications of Westerhof and Moore PIA Practical Strategies for Experts: The Shifting Landscape October 23, 2014 The Carlu Rikin

More information

Adult Forearm Fractures

Adult Forearm Fractures Adult Forearm Fractures Your forearm is made up of two bones, the radius and ulna. In most cases of adult forearm fractures, both bones are broken. Fractures of the forearm can occur near the wrist at

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Continental Tire of the Americas, LLC v. Illinois Workers Compensation Comm n, 2015 IL App (5th) 140445WC Appellate Court Caption CONTINENTAL TIRE OF THE AMERICAS,

More information

Representing Yourself. Your Family Law Trial

Representing Yourself. Your Family Law Trial Representing Yourself at Your Family Law Trial - A Guide - June 2013 REPRESENTING YOURSELF AT YOUR FAMILY LAW TRIAL IN THE ONTARIO COURT OF JUSTICE This is intended to help you represent yourself in a

More information

ASSOCIATE PROFESSOR BO POVLSEN Emeritus Consultant Orthopaedic Surgeon Guy s & St Thomas Hospitals NHS Trust GMC no. 3579329

ASSOCIATE PROFESSOR BO POVLSEN Emeritus Consultant Orthopaedic Surgeon Guy s & St Thomas Hospitals NHS Trust GMC no. 3579329 ASSOCIATE PROFESSOR BO POVLSEN Emeritus Consultant Orthopaedic Surgeon Guy s & St Thomas Hospitals NHS Trust GMC no. 3579329 Consultant Orthopaedic Surgeon London Bridge Hospital Medico-Legal Secretary:

More information

Codification or Construction: to what extent have the new expert rules changed the landscape? By Tom Curry

Codification or Construction: to what extent have the new expert rules changed the landscape? By Tom Curry Codification or Construction: to what extent have the new By Tom Curry Prepared for The Law Society of Upper Canada Expert Evidence for Litigators November 2014 By Tom Curry 1 Table of Contents I. Introduction

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION DONALD BRYAN SMITHHISLER Claimant VS. LIFE CARE CENTERS AMERICA, INC. Respondent Docket No. 1,014,349 AND OLD REPUBLIC INSURANCE

More information

Experts in Environmental Litigation

Experts in Environmental Litigation Experts in Environmental Litigation Marc McAree Partner, Specialist in Environmental Law Certified by the Law Society of Upper Canada Willms & Shier Environmental Lawyers LLP www.willmsshier.com Law Society

More information

WHAT NEEDS TO KNOW EVERY PROSPECTIVE EXPERT WITNESS THE LAW OF EXPERT EVIDENCE: Expert Witness Academy. April 28 April 30, 2011.

WHAT NEEDS TO KNOW EVERY PROSPECTIVE EXPERT WITNESS THE LAW OF EXPERT EVIDENCE: Expert Witness Academy. April 28 April 30, 2011. at The Advocates' Society Presented Expert Witness Academy National C. Murray Andrew LLP Lerners & Solicitors Barristers Box 2335 PO ON N6A 4G4 London 519.640.6313 Phone: LAW OF EXPERT EVIDENCE: THE EVERY

More information

RECENT MEDICAL MALPRACTICE CASES By Judge Bryan C. Dixon 1. MERE TELEPHONE CONVERSATION WITH TREATING DOCTOR DOES NOT ESTABLISH DUTY TO PATIENT

RECENT MEDICAL MALPRACTICE CASES By Judge Bryan C. Dixon 1. MERE TELEPHONE CONVERSATION WITH TREATING DOCTOR DOES NOT ESTABLISH DUTY TO PATIENT RECENT MEDICAL MALPRACTICE CASES By Judge Bryan C. Dixon 1. MERE TELEPHONE CONVERSATION WITH TREATING DOCTOR DOES NOT ESTABLISH DUTY TO PATIENT Jennings v. Badgett, 2010 OK 7 Facts: Plaintiffs are parents

More information

Wrist and Hand. Patient Information Guide to Bone Fracture, Bone Reconstruction and Bone Fusion: Fractures of the Wrist and Hand: Carpal bones

Wrist and Hand. Patient Information Guide to Bone Fracture, Bone Reconstruction and Bone Fusion: Fractures of the Wrist and Hand: Carpal bones Patient Information Guide to Bone Fracture, Bone Reconstruction and Bone Fusion: Wrist and Hand Fractures of the Wrist and Hand: Fractures of the wrist The wrist joint is made up of the two bones in your

More information

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F910691. TERRY FOSTER, Employee. TYSON SALES & DISTRIBUTION, Self-Insured Employer

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F910691. TERRY FOSTER, Employee. TYSON SALES & DISTRIBUTION, Self-Insured Employer BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F910691 TERRY FOSTER, Employee TYSON SALES & DISTRIBUTION, Self-Insured Employer CLAIMANT RESPONDENT OPINION FILED NOVEMBER 20, 2013 Hearing

More information

How To Use The New Expert Witness Rule To Negotiate A Good Deal By Cary N. Schneider

How To Use The New Expert Witness Rule To Negotiate A Good Deal By Cary N. Schneider April, 2011 VOL. 5, ISSUE 2 How To Use The New Expert Witness Rule To Negotiate A Good Deal By Cary N. Schneider Cary N. Schneider is a partner at Beard Winter LLP who specializes in accident benefit and

More information

In the Missouri Court of Appeals Western District

In the Missouri Court of Appeals Western District In the Missouri Court of Appeals Western District STEVE AUSTIN, Appellant, v. JOHN SCHIRO, M.D., Respondent. WD78085 OPINION FILED: May 26, 2015 Appeal from the Circuit Court of Clinton County, Missouri

More information

Moore v. Getahun: Practical Questions About Expert Witness Interactions Paul J. Pape and Joanna Nairn

Moore v. Getahun: Practical Questions About Expert Witness Interactions Paul J. Pape and Joanna Nairn Moore v. Getahun: Practical Questions About Expert Witness Interactions Paul J. Pape and Joanna Nairn I. Introduction In January 2015, the Court of Appeal released its highly-anticipated decision in Moore

More information

RICHARD D. FIORUCCI, ET AL. OPINION BY v. Record No. 131869 JUSTICE ELIZABETH A. McCLANAHAN OCTOBER 31, 2014 STEPHEN CHINN

RICHARD D. FIORUCCI, ET AL. OPINION BY v. Record No. 131869 JUSTICE ELIZABETH A. McCLANAHAN OCTOBER 31, 2014 STEPHEN CHINN PRESENT: All the Justices RICHARD D. FIORUCCI, ET AL. OPINION BY v. Record No. 131869 JUSTICE ELIZABETH A. McCLANAHAN OCTOBER 31, 2014 STEPHEN CHINN FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA James

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON June 30, 2000 Session

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON June 30, 2000 Session IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT JACKSON June 30, 2000 Session RONNIE WAYNE INMAN v. EMERSON ELECTRIC CO. Direct Appeal from the Chancery Court (Humboldt)

More information

Today I will discuss medical negligence following a number of recent high profile cases and inquests.

Today I will discuss medical negligence following a number of recent high profile cases and inquests. Tipp FM Legal Slot 29 th May 2012 Medical Negligence John M. Lynch, Principal Today I will discuss medical negligence following a number of recent high profile cases and inquests. Firstly, what is Medical

More information

THE MINNESOTA LAWYER

THE MINNESOTA LAWYER THE MINNESOTA LAWYER September 6, 2004 MN Court of Appeals Allows Testimony on Battered-Woman Syndrome By Michelle Lore A District Court judge properly allowed an expert on battered-woman syndrome to testify

More information

Working with an Expert

Working with an Expert EXPERT EVIDENCE PAPER 2.1 Working with an Expert These materials were prepared by Leslie J. Mackoff of Mackoff & Company, Vancouver, BC for the Continuing Legal Education Society of British Columbia, October

More information

cj Judgment Rendered November 2 2007

cj Judgment Rendered November 2 2007 NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 0424 EVELYN SCHILLING LAWRENCE CONLEA Y RONALD CONLEAY NELDA CARROL AND BETTY VERRET t 01 VERSUS GRACE HEALTH

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC ) Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

WORKERS COMPENSATION APPEAL TRIBUNAL

WORKERS COMPENSATION APPEAL TRIBUNAL WORKERS COMPENSATION APPEAL TRIBUNAL BETWEEN: [PERSONAL INFORMATION] CASE ID #[PERSONAL INFORMATION] APPELLANT AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND RESPONDENT DECISION #199 Appellant

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC ) Title Preparations for Personal Injury Trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

The discovery principle and limitation of actions for solicitor s negligence: Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors (Ont. C.

The discovery principle and limitation of actions for solicitor s negligence: Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors (Ont. C. February 2013 Civil Litigation Section The discovery principle and limitation of actions for solicitor s negligence: Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors (Ont. C.A) Antonin Pribetic*

More information

Writing an Effective Expert Report: The Nuts and Bolts of Complying with Rule 53.03

Writing an Effective Expert Report: The Nuts and Bolts of Complying with Rule 53.03 Writing an Effective Expert Report: The Nuts and Bolts of Complying with Rule 53.03 Adam R. Little Partner Oatley Vigmond 2 Introduction Most lawsuits settle. It is therefore quite infrequent that an expert

More information

Role Preparation. Preparing for a Mock Trial

Role Preparation. Preparing for a Mock Trial Civil Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1-5 Time Chart 6 Etiquette 7-8 Role Preparation for: Plaintiff and Defendant Lawyers 9-12 Judge 13 Jury 13

More information

Alternative Burdens May Come With Alternative Causes

Alternative Burdens May Come With Alternative Causes Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Alternative Burdens May Come With Alternative Causes

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association

Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association Introduction Effective Use of Experts By: Peter Kryworuk & Tyler Kaczmarczyk Lerners LLP Litigating the Medical Malpractice Claim Ontario Bar Association April 29, 2013 The importance of expert opinion

More information

JUROR S MANUAL (Prepared by the State Bar of Michigan)

JUROR S MANUAL (Prepared by the State Bar of Michigan) JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

More information

FRCP and Physician Testimony: Treating Physicians, Experts, and Hybrid Witnesses

FRCP and Physician Testimony: Treating Physicians, Experts, and Hybrid Witnesses May, 2011 FRCP and Physician Testimony: Treating Physicians, Experts, and Hybrid Witnesses The US Court of Appeals, Ninth Circuit, rules on these matters in the case of Goodman v. Staples the Office Superstore,

More information

User Name: DOREEN LUNDRIGAN Date and Time: 11/11/2013 2:02 PM EST Job Number: 6148476 Document(1) 1. Kapsch v. Stowers, 209 Ga. App.

User Name: DOREEN LUNDRIGAN Date and Time: 11/11/2013 2:02 PM EST Job Number: 6148476 Document(1) 1. Kapsch v. Stowers, 209 Ga. App. User Name: Date and Time: 11/11/2013 2:02 PM EST Job Number: 6148476 Document(1) 1. Kapsch v. Stowers, 209 Ga. App. 767 Client/matter: -None- About LexisNexis Privacy Policy Terms& Conditions Copyright

More information

UNIVERSITY OF MARYLAND SCHOOL OF LAW. LEGAL METHOD-CIVIL PROCEDURE (3 Hours) Day Division Wednesday, December 18, 1991

UNIVERSITY OF MARYLAND SCHOOL OF LAW. LEGAL METHOD-CIVIL PROCEDURE (3 Hours) Day Division Wednesday, December 18, 1991 UNIVERSITY OF MARYLAND SCHOOL OF LAW LEGAL METHOD-CIVIL PROCEDURE (3 Hours) Day Division Wednesday, December 18, 1991 Professor Condlin - Section B 9:10 a.m. - 12:10 p.m. No. Signature: Printed Name: INSTRUCTIONS:

More information

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical

More information

THE IMPORTANCE OF COMPREHENSIVE NOTES AND RECORDS by: Ryan A. Murray, Oatley Vigmond Personal Injury Lawyers LLP

THE IMPORTANCE OF COMPREHENSIVE NOTES AND RECORDS by: Ryan A. Murray, Oatley Vigmond Personal Injury Lawyers LLP THE IMPORTANCE OF COMPREHENSIVE NOTES AND RECORDS by: Ryan A. Murray, Oatley Vigmond Personal Injury Lawyers LLP Introduction Comprehensive clinical notes and records are an important part of patient care.

More information

Cooper Hurley Injury Lawyers

Cooper Hurley Injury Lawyers Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014

More information

PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE

PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE ) - \ These materials were prepared by Jeffrey Scott of.jeffreyd. Scott Legal Professional Corporation,. Regina, Saskatch13wan for the

More information

.org. Distal Radius Fracture (Broken Wrist) Description. Cause

.org. Distal Radius Fracture (Broken Wrist) Description. Cause Distal Radius Fracture (Broken Wrist) Page ( 1 ) The radius is the larger of the two bones of the forearm. The end toward the wrist is called the distal end. A fracture of the distal radius occurs when

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Submitted On Briefs November 18, 2009

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Submitted On Briefs November 18, 2009 IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Submitted On Briefs November 18, 2009 JOE HENRY MOORE v. STATE OF TENNESSEE Direct Appeal from the Tennessee Claims Commission No. 20-101-047 Nancy C. Miller

More information

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of

More information

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY. Appellants Trial Court No. 2007 CV 0862. Appellee Decided: August 27, 2010

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY. Appellants Trial Court No. 2007 CV 0862. Appellee Decided: August 27, 2010 [Cite as Davis v. Firelands Reg. Med. Ctr., 2010-Ohio-4051.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY David E. Davis, et al. Court of Appeals No. E-10-013 Appellants Trial Court

More information

FACTORS TO CONSIDER WHEN RETAINING MEDICAL EXPERTS IN PROFESSIONAL LIABILITY AND PERSONAL INJURY CASES

FACTORS TO CONSIDER WHEN RETAINING MEDICAL EXPERTS IN PROFESSIONAL LIABILITY AND PERSONAL INJURY CASES FACTORS TO CONSIDER WHEN RETAINING MEDICAL EXPERTS IN PROFESSIONAL LIABILITY AND PERSONAL INJURY CASES Gary Srebrolow 416.597.4875 gsrebrolow@blaney.com Factors to Consider When Retaining Medical Experts

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Toor v. Harding, 2013 BCSC 1202 Amrit Toor and Intech Engineering Ltd. Date: 20130705 Docket: S125365 Registry: Vancouver Plaintiffs Thomas

More information

THE MAJOR IMPACT OF THE NEW MINOR INJURIES CATEGORY

THE MAJOR IMPACT OF THE NEW MINOR INJURIES CATEGORY THE MAJOR IMPACT OF THE NEW MINOR INJURIES CATEGORY By Cary N. Schneider September, 2010 VOL. 4, ISSUE 4 Cary N. Schneider is a partner at Beard Winter LLP who specializes in accident benefit and tort

More information

Proving Causation and Damages in Spinal Fusion Cases

Proving Causation and Damages in Spinal Fusion Cases Page 1 of 7 Ben Brodhead on proving causation and damages in spinal fusion cases. Friend on Facebook Follow on Twitter Forward to a Friend Proving Causation and Damages in Spinal Fusion Cases By: Ben C.

More information

Woodruff L. Carroll, for appellant. Mark L. Dunn, for respondents. Plaintiff Marguerite James commenced this medical

Woodruff L. Carroll, for appellant. Mark L. Dunn, for respondents. Plaintiff Marguerite James commenced this medical ================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------

More information

Case Survey: Villines v. North Arkansas Regional Medical Center 2011 Ark. App. 506 UALR Law Review Published Online Only

Case Survey: Villines v. North Arkansas Regional Medical Center 2011 Ark. App. 506 UALR Law Review Published Online Only THE COURT OF APPEALS OF ARKANSAS HOLDS THAT SUMMARY JUDGMENT IS IMPROPER WHEN QUESTIONS OF MATERIAL FACT ARRISE IN MEDICAL MALPRACTICE ACTIONS In Villines v. North Arkansas Regional Medical Center, 1 the

More information

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS KC Plaintiff ) ) Plaintiff, ) ) v. ) Case No.: 06 CV 1383 ) Defendant Doctor ) ) Defendant. ) PLAINTIFF S PROPOSED JURY INSTRUCTIONS Plaintiff submits

More information

Commonwealth Of Kentucky Court of Appeals

Commonwealth Of Kentucky Court of Appeals RENDERED: OCTOBER 27, 2006; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2005-CA-002095-MR DEBRA IRELAND APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE MARTIN

More information

TOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM

TOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM TOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM More times than not, your personal injury claim will be a battle with an insurance company. A highly trained adjuster will be assigned

More information

Thebe v Mbewe t/a Checkpoint Laboratory Services [2000] JOL 7142 (ZS)

Thebe v Mbewe t/a Checkpoint Laboratory Services [2000] JOL 7142 (ZS) Thebe v Mbewe t/a Checkpoint Laboratory Services [2000] JOL 7142 (ZS) Reported in (Butterworths) Not reported in any Butterworths printed series. Case No: SC38 / 2000 Judgment Date(s): 22 / 05 / 2000 Hearing

More information

WORKERS COMPENSATION APPEAL TRIBUNAL. EMPLOYER CASE ID #[personal information] WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND WORKER DECISION #114

WORKERS COMPENSATION APPEAL TRIBUNAL. EMPLOYER CASE ID #[personal information] WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND WORKER DECISION #114 WORKERS COMPENSATION APPEAL TRIBUNAL BETWEEN: EMPLOYER CASE ID #[personal information] AND: APPELLANT WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND RESPONDENT AND: WORKER EMPLOYEE DECISION #114 Appellant

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

Court of Claims of Ohio

Court of Claims of Ohio [Cite as Milum v. Dept. of Rehab. & Corr., 2008-Ohio-3645.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

More information

Scaphoid Fracture of the Wrist

Scaphoid Fracture of the Wrist Page 1 of 6 Scaphoid Fracture of the Wrist Doctors commonly diagnose a sprained wrist after a patient falls on an outstretched hand. However, if pain and swelling don't go away, doctors become suspicious

More information

Insurance Bulletin. The Court has its Say! Assessment of General Damages Under the Civil Liability Act (Qld) May 2005

Insurance Bulletin. The Court has its Say! Assessment of General Damages Under the Civil Liability Act (Qld) May 2005 Insurance Bulletin The Court has its Say! May 2005 Assessment of General Damages Under the Civil Liability Act (Qld) This is the first occasion in Queensland where the quantum provisions of the CLA have

More information

COURT OF APPEALS OF THE STATE OF MISSISSIPPI

COURT OF APPEALS OF THE STATE OF MISSISSIPPI COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO.2010-CA-01424-COA MCCOMB NURSING AND REHABILITATION CENTER, LLC VS. MASUMI LEE, INDIVIDUALLY, AND AS ON BEHALF OF THE WRONGFUL DEATH BENEFICIARIES OF ROBERT

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BARBARA SHEREE HUTSON ) Claimant ) ) VS. ) Docket No. 1,035,700 ) CUSTOM CAMPERS, INC. ) Self-Insured Respondent ) ORDER Claimant

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1119/09

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1119/09 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1119/09 BEFORE: T. Mitchinson: Vice-Chair HEARING: June 3, 2009 at Sudbury Oral DATE OF DECISION: June 8, 2009 NEUTRAL CITATION: 2009 ONWSIAT

More information

NORTH SHORE ORTHOPEDICS, et ale

NORTH SHORE ORTHOPEDICS, et ale SHORT FORM ORDER SUPREME COURT STATE OF NEW YORK Present: HON. OHN P. DUNNE ustice TRIAL/IAS, PART 8 MICHAEL CISTNERAS Plaintiff Index No. 1295/01 Motion for summary judge Motion submission: 12/11/03 Seq.

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION GEORGIA R. KATZ ) Claimant ) VS. ) ) Docket No. 1,068,293 USD 229 ) Self-Insured Respondent ) ORDER STATEMENT OF THE CASE Claimant

More information

FEATURE ARTICLE Evidence of Prior Injury. Admissibility of Evidence of Prior Injury Under the Same Part of the Body Rule

FEATURE ARTICLE Evidence of Prior Injury. Admissibility of Evidence of Prior Injury Under the Same Part of the Body Rule FEATURE ARTICLE Evidence of Prior Injury Admissibility of Evidence of Prior Injury Under the Same Part of the Body Rule By: Timothy J. Harris Broderick, Steiger, Maisel & Zupancic, Chicago I. Introduction

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII August 8, 2011 J. MICHAEL SEABRIGHT United States District Judge GENERAL FEDERAL JURY INSTRUCTIONS IN CIVIL CASES INDEX 1 DUTY OF JUDGE 2

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT [2014] JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN

More information

WORKERS COMPENSATION BOARD APPEAL TRIBUNAL. [Personal information] CASE I.D. #[personal information]

WORKERS COMPENSATION BOARD APPEAL TRIBUNAL. [Personal information] CASE I.D. #[personal information] WORKERS COMPENSATION BOARD APPEAL TRIBUNAL BETWEEN: [personal information] CASE I.D. #[personal information] PLAINTIFF AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND DEFENDANT DECISION #41 [Personal

More information

Expert Medical Evidence: The Australian Medical Association s Position

Expert Medical Evidence: The Australian Medical Association s Position Expert Medical Evidence: The Australian Medical Association s Position The Australian Medical Association and its members have had an increasing interest in this field for many years, with the level of

More information

CREATING & DEVELOPING WINNING THEMES & ARGUMENTS By: Ervin A. Gonzalez

CREATING & DEVELOPING WINNING THEMES & ARGUMENTS By: Ervin A. Gonzalez CREATING & DEVELOPING WINNING THEMES & ARGUMENTS By: Ervin A. Gonzalez I. INTRODUCTION A winning trial attorney recognizes that to reach the goal of a successful verdict, you must first develop a plan

More information

NO. COA08-1063 NORTH CAROLINA COURT OF APPEALS. Filed: 16 June 2009

NO. COA08-1063 NORTH CAROLINA COURT OF APPEALS. Filed: 16 June 2009 An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)

More information

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI

More information

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth Historically, at common law, a plaintiff was not obliged to accept a structured settlement,

More information

CASE ID #[ personal information] WORKERS COMPENSATION APPEAL TRIBUNAL WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND DECISION #9

CASE ID #[ personal information] WORKERS COMPENSATION APPEAL TRIBUNAL WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND DECISION #9 C A N A D A CASE ID #[ personal information] PROVINCE OF PRINCE EDWARD ISLAND BETWEEN: WORKERS COMPENSATION APPEAL TRIBUNAL EMPLOYER AND: APPELLANT AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION MARY JANE WAGGONER ) Claimant ) VS. ) ) Docket No. 1,001,815 THE BOEING COMPANY ) Respondent ) AND ) ) INSURANCE COMPANY ) STATE

More information

APRIL 1989 LAW REVIEW WRESTLING CLASS SPARKS BATTLE OF THE EXPERT WITNESSES

APRIL 1989 LAW REVIEW WRESTLING CLASS SPARKS BATTLE OF THE EXPERT WITNESSES WRESTLING CLASS SPARKS BATTLE OF THE EXPERT WITNESSES James C. Kozlowski, J.D., Ph.D. 1989 James C. Kozlowski Personal injury liability in general and recreational injury liability in particular is based

More information

SPECIAL CIVIL A GUIDE TO THE COURT

SPECIAL CIVIL A GUIDE TO THE COURT NEW JERSEY JUDICIARY SPECIAL CIVIL A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil A Guide to the Court page 1 Special Civil is a court of limited jurisdiction

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 01-CV-217. Appeal from the Superior Court of the District of Columbia (CA-1780-00)

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 01-CV-217. Appeal from the Superior Court of the District of Columbia (CA-1780-00) Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

No. 2009-355-Appeal. (PC 04-5582) O R D E R. The plaintiff, George Giusti, appeals from an order disqualifying the plaintiff s proposed

No. 2009-355-Appeal. (PC 04-5582) O R D E R. The plaintiff, George Giusti, appeals from an order disqualifying the plaintiff s proposed Supreme Court No. 2009-355-Appeal. (PC 04-5582) George Giusti : v. : State of Rhode Island et al. : O R D E R The plaintiff, George Giusti, appeals from an order disqualifying the plaintiff s proposed

More information

Decision of the Appeal Division

Decision of the Appeal Division Decision of the Appeal Division Number: 98-1053 Date: June 30, 1998 Panel: Laura Bradbury Subject: Request for re-opening a claim factors for consideration The worker is appealing the Review Board findings

More information

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution.

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. STEPS IN A TRIAL Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. A number of events occur during a trial, and most must happen according to a particular sequence.

More information

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

The Bond Solon Annual Expert Witness Survey. 7 November 2014. Conducted at the Bond Solon Annual Expert Witness Conference, 7 November 2014.

The Bond Solon Annual Expert Witness Survey. 7 November 2014. Conducted at the Bond Solon Annual Expert Witness Conference, 7 November 2014. The Bond Solon Annual Expert Witness Survey Conducted at the Bond Solon Annual Expert Witness Conference,. Sample: 186 experts completed the survey Published: 18 November 2014 For comment please contact:

More information

Information for Worker s Compensation Clients

Information for Worker s Compensation Clients Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

DISABILITY CLAIMS UNDER INSURANCE POLICIES

DISABILITY CLAIMS UNDER INSURANCE POLICIES DISABILITY CLAIMS UNDER INSURANCE POLICIES This article by our legal contributor and Information & Referral Associate is to assist persons living with Parkinson s in making claims for disability benefits

More information

An Overview of Expert Evidence. Phillip Rompotis Consultant

An Overview of Expert Evidence. Phillip Rompotis Consultant An Overview of Expert Evidence Phillip Rompotis Consultant Overview 1. Definition 2. Where are experts used? 3. The role of an expert 4. Professional qualities 5. Relevant Rules 6. The expectations of

More information

Trials in Supreme Court

Trials in Supreme Court Trials in Supreme Court The final stage in an action (a proceeding started with a notice of civil claim) is the trial. The trial is your opportunity to go before a judge and possibly a jury, and tell your

More information

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law Minnesota Professional & Medical Malpractice Law Personal Injury Law: Professional & Medical Malpractice o Legal Malpractice Duty Breach Injury Proximate Cause o Medical Malpractice Duty Breach Injury

More information

Wrist Fracture. Please stick addressograph here

Wrist Fracture. Please stick addressograph here ORTHOPAEDIC UNIT: 01-293 8687 /01-293 6602 UPMC BEACON CENTRE FOR ORTHOPAEDICS: 01-2937575 PHYSIOTHERAPY DEPARTMENT: 01-2936692 GUIDELINES FOR PATIENTS FOLLOWING WRIST FRACTURE Please stick addressograph

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE. NANCY TAYLOR and CYRIL E. TAYLOR, No. 214, 2010

IN THE SUPREME COURT OF THE STATE OF DELAWARE. NANCY TAYLOR and CYRIL E. TAYLOR, No. 214, 2010 IN THE SUPREME COURT OF THE STATE OF DELAWARE NANCY TAYLOR and CYRIL E. TAYLOR, No. 214, 2010 Plaintiffs Below- Appellants, Court Below: Superior Court of the State of Delaware in and v. for New Castle

More information

ATTORNEY HELP CENTER: MEDICAL MALPRACTICE

ATTORNEY HELP CENTER: MEDICAL MALPRACTICE ATTORNEY HELP CENTER: MEDICAL MALPRACTICE The healthcare industry has exploded over the last thirty years. Combined with an increasing elderly population, thanks to the Baby Boomer generation, the general

More information

Lowcountry Injury Law

Lowcountry Injury Law Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com

More information