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$1.5 Million Award in Canada


Medical Opinions Associates announces a $1.5 million judgment for the plaintiff in a recent medical malpractice trial concluded in Canada for which the company provided medical expert witness testimony. The award included general non-pecuniary damages, past and future earnings losses, loss of housekeeping capacity, special damages and costs.

In a recent Canadian medical malpractice case, the defendant family doctor was ordered to pay a former patient for failing to diagnose mouth cancer over a nine-month period.  The plaintiff, a pipefitter, had complained of a sore mouth during five visits to the doctor between July 1999 and April 2000. The court found that the physician was negligent in failing to do a proper examination and in failing to refer to a specialist for investigation and diagnosis.

The cancer could have been treated with minor surgery but progressed to the point where "commando" surgery on the patient's tongue, jaw and chest was required to cure the cancer. The sixty-two year old plaintiff was awarded damages and court costs for his extensive injuries in a Supreme Court of Newfoundland and Labrador, Trial Division decision released in early July.

The defendant had argued that cancer patients should expect a lower quality of care from doctors in Newfoundland than exists elsewhere in North America.  The court rejected the argument.  The defendant breached the standard of care expected of him and his breach caused the plaintiff damages. The plaintiff was not found contributorily negligent.

Since 1978, Medical Opinions Associates has provided medical expert review services to the legal community in support of tort actions, particularly medical malpractice and personal injury. Medical Opinions Associates' medical experts review medical records, write opinion letters, and provide on-going consultation, including deposition and trial testimony.

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