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Accessibility

The question of medical negligence in British Columbia’s Cambridge affair

Friday, July 6, 2018 By Susanne Raab

As described in part one of this series, Drs. Sean and Rosemarie Cambridge, two foreign-trained physicians, provided medical care to hundreds of patients in Chilliwack, B.C., from 2011 to 2017, under a provisional medical licence issued by the College of Physicians and Surgeons of British Columbia.

In the fall of 2017, the Cambridge physicians’ medical licences were cancelled on the basis that they had failed to meet the requirements for continued registration and licensure. Specifically, they had failed to pass the first of two required examinations designed to evaluate the physicians’ skills and medical knowledge, notwithstanding several failed attempts and several deadline extensions required for personal reasons.

Cancellation of Licenses

The cancellation of the Cambridge physicians’ medical licences naturally leads many patients to question the care they received from these doctors, and whether any medical problems they suffered were caused by substandard care, or could have been avoided with appropriate treatment.

In considering a potential medical negligence claim, it is important to recognize that the Cambridge physicians do not get the benefit of being held to a lower standard of care on the basis that they were still in the process of qualifying. The standard of care expected of them is the same as the standard of care expected of any physician, which is that he or she use that reasonable degree of learning and skill ordinarily possessed by practitioners in similar communities in similar cases (Wilson v. Swanson [1956] S.C.R. 804; Robinson v. Sydenham District Hospital Corp. [2000] O.J.

Susanne Raab

No. 703).

If a physician holds him or herself out as a family physician, he or she is held to the same standard of care as all other family physicians, regardless of whether the licensure is provisional or full. This aspect of the law makes sense as it accords with the reasonable expectations of patients who expect any physician licensed to provide medical services in British Columbia to be competent to provide a safe level of care.

Potential Liability of the Physicians

It is, however, important to appreciate that the fact that these physicians did not satisfy the examination requirements is not evidence that they fell below the required standard of care in their treatment of any individual patient. In considering potential liability on the part of these physicians, it is, in fact, not even sufficient to prove that they fell below the standard of care. In order to succeed in a medical malpractice case, in addition to establishing a duty of care and breach of the standard of care, a plaintiff must prove, usually through expert evidence, that a specific breach of the standard of care was the legal and factual cause of the plaintiff’s injury or loss (Ter Neuzen v. Korn [1995] 3 S.C.R. 674).

Even if multiple breaches in the standard of care are proven, the most challenging part of any medical negligence case is establishing that one or more of these breaches of the standard of care caused or contributed to the injury or loss. This is most often where cases fail.

Proving Medical Malpractice

Proving causation in medical malpractices cases can be challenging because typically the plaintiff has pre-existing injuries or illnesses (the impetus for seeking the impugned medical treatment in the first place) and the precise mechanism of the injury is often unknown or alternatively explained by multiple contributing factors.

Further, advances in science can serve to muddy the waters rather than connect the dots between the breach of the standard of care and the injury or loss by adding to the proliferation of “known unknowns” or potential non-negligent causes of the injury or loss.

Indeed the difficulties in proving causation in medical malpractice cases is borne out by their dismal success rate. The statistics reveal that since 1996, the success rate of plaintiffs in medical malpractice trials has never exceeded 30 per cent.

The most recent annual report of the Canadian Medical Protective Association reveals that a mere 16 per cent of medical malpractice trials in Canada in 2016 were decided in the plaintiff’s favour.

While the statistics for settlements are somewhat more favourable to plaintiffs, they still fall in the minority.

For this reason, a cautious approach, informed by a thorough and comprehensive assessment of the case with the benefit of expert opinion, is required before any medical negligence case is commenced against a physician, even a physician whom the college has deemed to be not qualified to practise medicine.

This piece was originally posted in The Lawyers Daily. You can also read the PDF from our Publications page. 

Filed Under: Health News, Legal News, Medical Malpractice Tagged With: Accessibility, Birth Injury, British Columbia, Medical Errors, Medical Malpractice, Pacific Medical Law, Pain and Suffering, People with Disabilities, Vancouver Beaches

B.C. College of Physicians and Surgeons protects public by delisting uncertified doctors

Friday, July 6, 2018 By Susanne Raab

From 2011 to 2017, Drs. Sean and Rosemarie Cambridge, two foreign-trained physicians, provided medical care to hundreds of patients in Chilliwack, B.C., under a provisional medical licence issued by the College of Physicians and Surgeons of B.C. During this period of time, the government paid the Cambridge physicians millions of dollars in fees, according to B.C.’s Medical Service Plan (MSP) billing records. In the fall of 2017, the Cambridge physicians’ medical licences were cancelled on the basis that they had failed to meet the requirements for continued registration and licensure.

Specifically, they had failed to pass the first of two required examinations designed to evaluate the physicians’ skills and medical knowledge, notwithstanding several attempts and several deadline extensions required for personal reasons. As a consequence, the Cambridge physicians ceased to practise medicine, and hundreds of patients in an already underserviced area were left without a family physician.

The circumstances of this case have been widely publicized in the media which has generated both concern about the extent to which the College of Physicians and Surgeons of British Columbia (the college) is discharging its mandate to protect the public interest, as well as concern among the Cambridge physicians’ former patients about the safety of the medical care they received.

Physicians are not qualified

How could it be that a physician is permitted to provide medical care in B.C. to so many patients for such a long period of time, only for the college to subsequently find the physician to be not qualified to practise medicine?

By way of background, the college grants provisional licences to foreign trained physicians who wish to practise medicine in British Columbia, provided they meet basic eligibility requirements.

These physicians are required to have a sponsor — a health authority or university faculty of medicine, and a supervisor — an individual physician approved by the college who must provide regular reports attesting to the competency and professionalism of the physician holding the provisional licence.

The provisional licensee must then meet specific requirements including the successful completion of two examinations; the first of which must be completed within the first three years. General monitoring and oversight of this process is done by the registration committee of the college, while more direct supervision of the physician is done by the physician supervisor.

HPRB Concerns

The registration committee’s monitoring and oversight of this program has recently come under criticism by the Health Professions Review Board (HPRB) in light of the Cambridge affair as well as other similar matters.

The HPRB has raised concerns about how the registration committee is adequately serving the public interest. The HPRB specifically noted that there is a fundamental disconnect in allowing foreign trained physicians to be registered and practise medicine in British Columbia, sometimes for many years, with large patient loads, and without passing requisite exams, only to conclude at the 11th hour that the physician is not qualified to practise medicine based on the failure to pass the requisite examinations within the stipulated time frame.

The HPRB described this disconnect as deeply troubling, expressing concern for both the safety of the public and unfairness to the physician.

Patients in British Columbia have benefited greatly by the many foreign trained physicians who have initially been granted provisional licences, successfully met the requirements of full licensure and now call British Columbia home. To assess whether the college is fulfilling its mandate to protect the public safety by reference solely to the Cambridge doctors would be unfair and unduly myopic, although it is acknowledged that the HPRB’s comments were informed, at least in part, by broader experience with this program.

Further, the failure of the Cambridge physicians to satisfy the requirements of continued licensure is not, on its own, evidence of any particular failing on the part of either the Cambridge doctors, or the college.

Other Concerns

In a recent survey conducted on recruitment and retention of family physicians, physician burnout was a major concern, with lack of collegial team-based environments and billing and administration challenges identified as primary contributors.

Imposed on top of these challenges, a myriad of unforeseen circumstances, both personal and professional, can arise and conspire against successful completion of the required examinations by any individual candidate.

The length of time, however, that these physicians were permitted to provide medical services to patients without having demonstrated the minimum level of skill and medical knowledge is fair criticism and highlights the need for greater support and monitoring of foreign trained physicians working toward full licensure.

This is important both for the benefit of the physician, as well as the safety of the public. The public has a reasonable expectation that physicians who have been licensed to practice medicine in British Columbia have demonstrated the level of skill and competence required to protect public safety, and the college has the mandate to ensure this occurs.

This article is the first of a two-part series. You can read part two here.

This piece was originally posted in The Lawyers Daily. You can also read the PDF from our Publications page. 

Filed Under: Medical Malpractice, Health News, Legal News Tagged With: Accessibility, Birth Trauma, British Columbia, Medical Errors, Medical Malpractice

Making Beaches More Accessible

Tuesday, July 11, 2017 By Admin

Vancouver is famous for its lovely beaches – beaches that are largely inaccessible to those who rely on a wheelchair for their mobility.

At Pacific Medical Law we understand the challenges that wheelchair users and their families can experience when trying to engage in recreational activities. That’s why we were excited to learn that the Vancouver Park Board is launching a pilot project to improve beach accessibility. Beginning in August a fixed mat will be installed at the English Bay bath house, running down to the water all the way down to the low tide line. Complete with several connected platforms, the hope is that wheelchair users can be joined by friends and family for a day of fun in the sun.

This pilot project will run until the end of the summer, and if it proves to be a success, more mats will be installed at other beaches for the summer of 2018.

Some equipment is already available in Vancouver to improve beach accessibility. At the Kitsilano lifeguard station a rolled-up mat is available, but it must be requested in advance of use. Both Jericho Beach and English Bay offer a wheelchair designed for beach and water use, with big tires to negotiate the sand. The difficulty with all of this equipment is that the wheelchair user must rely on lifeguard staff to be available to provide the equipment. The great thing about the Mobi-mat is that once it is installed it will be available all day, every day, removing one of the complications that a wheelchair user and their family must grapple with in order to enjoy a day at the beach!

Read more about the Mobi-mat system here:

http://www.mobi-mat-chair-beach-access-dms.com/recpath/

Read more about the story here:

http://globalnews.ca/news/3571683/disabled-advocates-applaud-vancouvers-proposal-for-more-accessible-beaches/

Photo from the Mobi-mat website

Filed Under: Accessibility Tagged With: Accessibility, Mobi-mat, Vancouver Beaches, Vancouver Park Board, Wheelchair Accessibility

September is Disability Employment Month in BC

Friday, September 4, 2015 By Admin

Most people know that people with disabilities have to overcome challenges – challenges in finding accessible housing, using public transportation, and finding employment, to name just a few. At Pacific Medical Law, we are reminded of this every day as we work to help our clients with cerebral palsy or spinal cord injuries for example, people who, through no fault of their own, are unable to find employment in a traditional workplace.

September 1st marks the beginning of BC’s second annual Disability Employment Month. It’s a chance to recognize and celebrate the contribution people with disabilities bring to the workplace and recognize the many inclusive employers around the province.

Most progressive province for people with Disabilities

BC has set a goal to have the highest labour-market participation rates for people with disabilities of any province in Canada. This is one of the objectives of Accessibility 2024 – BC’s 10 year action plan to make BC the most progressive province in Canada for people with disabilities. The plan also includes strategies for improving the inclusiveness of government, and communities, as well as increasing accessible housing, transportation and employment, among other things.

A recent letter to the editor in the Vancouver Sun focused on inclusive hiring and highlights a number of reasons why inclusive hiring makes sense. For example:

  • A survey of supervisors with experience managing people with disabilities revealed employees with disabilities performed better than their co-workers in terms of punctuality, attendance, work quality, task consistency, and overall proficiency.
  • A Job Accommodation Network study found more than half of 1,100 employers of people with disabilities benefited from increased overall company morale and productivity. Employees with disabilities also bring a new perspective that can help make a business more welcoming to all.
  • Almost 90 per cent of consumers prefer companies that employ people with disabilities, according to a study cited in a Conference Board report.

Approximately 334,000 British Columbians aged 15 to 64 years self-identify as having a disability – that’s 15% of the population. According to the 2012 Canadian Survey on Disability, only 55% of persons with disabilities aged 15 to 64 years participate in the labour market, compared to 78% of persons without disabilities. The cost of workplace accommodations for a person with disability is $500 or less on average. People with disabilities represent an important employee talent pool that can add value to a workplace. Hiring people with disabilities just makes sense for so many reasons. Here are additional stats on disabilities.

To see the full letter to the editor go to: (It’s just smart business – Vancouver Sun Sept 1, 2015)

More details on the business case for hiring people with disabilities can be found at: https://news.gov.bc.ca/releases/2015SDSI0042-001401

For more information about Accessibility 2024, go to: http://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/accessibility

Filed Under: People with Disabilities, Accessibility, Adult Injuries, Cerebral Palsy, Health News Tagged With: Accessibility, Accessibility 2024, British Columbia, Disability Month, Labour-Market Participation, Persons with Disabilities

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