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Vancouver Beaches

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

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

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