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Feature
MEDICAL
MALPRACTICE
EVOLVES
DESPITE AN INCREASE IN COMPLAINTS TO
REGULATORY COLLEGES AND HOSPITALS AND AN
EXPECTED INCREASE IN DELAYED DIAGNOSES
SUITS, COVID HAS NOT PROMPTED AN OVERALL
JUMP IN MEDICAL MALPRACTICE LAWSUITS
THERE ARE PEAKS AND VALLEYS in
medical malpractice and professional regu-
lation during a pandemic.
Although lawsuits for malpractice may
continue to stay lower than in previous years
— although with potentially higher values
— more suits could be filed as delays in diag-
nosis cases go forward. ere has also been a
reported increase in complaints to regulatory
colleges and hospitals.
COVID-19 has also brought on class
actions against long-term-care facilities
where residents have become sick or died.
e silver lining? e pandemic has trans-
formed litigation through its use of tech-
nology — and there's some protection for
health-care professionals and organizations
through pandemic-oriented legislation.
Technological changes
Paul Harte's practice is predominantly in
Ontario but extends nationally.
"With the ability of virtual platforms,
I can serve clients much more effectively
and efficiently outside of Ontario," says the
principal of Harte Law PC, a Toronto-area
medical malpractice firm.
"Victims of medical malpractice find
it hard to get justice at the best of times,
and in smaller communities, it's hard to get
local representation," says Harte, who prac-
tises almost exclusively on the plaintiff side.
"Given the changes in the courts' acceptance
of virtual hearings, it's really opened up other
areas of the country to our firm."
His firm conducted a mediation in
Newfoundland during COVID and three
virtual trials. e use of technolog y has
made "an enormous difference," particularly
because medical experts are oen required
to testify in medical malpractice cases,
and it can be challenging to get these busy
professionals into court. Now, experts can
appear virtually.
"I had a trial involving an expert in Boston
and an expert in the U.K.," Harte says, "and
both of those experts testified virtually, saving
a huge amount of time in terms of travel costs
but also allowing greater flexibility to accom-
modate their schedules. at's been a game-
changer, and it's certainly my hope that the
changes that we've made in response to the
