Lawsuits Against Doctors: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation examines a case involving a doctor’s potential duty of care to third parties who may be harmed by a patient. The case arose after a patient with a history of mental health and addiction issues, including prior violence toward family members, was treated and released from care. After returning home, the patient murdered her father. The surviving mother sued the doctor, arguing that the risk of harm was foreseeable and that the doctor owed a duty of care not only to the patient, but also to family members who could be affected by the release decision. The doctor sought to have the lawsuit dismissed, arguing that physicians generally owe duties only to their patients. The court allowed the claim to proceed.
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