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Legal expert says malpractice fights tough to win when hospitals get it wrong

(6 months ago)
Mitchell Bailey
Medical malpracticeMedical Malpractice

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TL;DR: Key points with love ❤️

A Nova Scotia woman, Gabriella Patey, was misdiagnosed with terminal breast cancer by Halifax’s IWK Health Centre, only to be told days later it was an error. Legal expert Wayne MacKay highlights the significant challenges of winning medical malpractice lawsuits, emphasizing the need to prove negligence below professional standards.

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  1. 1 May 17: Gabriella Patey received clear breast biopsy results from IWK Health Centre.
  2. 2 Two weeks later: Patey was informed she had advanced-stage breast cancer.
  3. 3 Days after that: Patey was told the positive results were sent in error and meant for someone else.
  4. 4 Tuesday: Patey received a verbal apology from the IWK.
  5. 5 Wednesday morning: Written confirmation of wrongdoing was promised but not received by late afternoon.
  • Gabriella Patey experienced significant trauma due to the false diagnosis
  • Patey is receiving legal advice regarding potential action
  • Public discussion on the challenges of medical malpractice lawsuits
What: Gabriella Patey was misdiagnosed with terminal breast cancer by Halifax’s IWK Health Centre, then informed days later that the diagnosis was an error. A legal expert, Wayne MacKay, explains the difficulties in suing for medical malpractice, stressing the requirement to prove negligence.
When: May 17 (initial clear results), two weeks later (terminal diagnosis), days after that (error correction). A verbal apology was received on Tuesday, with a written confirmation promised by Wednesday morning but not received by late afternoon.
Where: Halifax, Nova Scotia, Canada.
Why: The IWK Health Centre made several errors in delivering breast biopsy results. According to Wayne MacKay, medical malpractice cases are challenging because they require proof that the healthcare provider fell below reasonable professional standards, not just that an error occurred.
How: The IWK Health Centre delivered incorrect breast biopsy results to Gabriella Patey. Any civil action lawsuit would rely on proving the hospital operated negligently or inappropriately.

A Nova Scotia woman, Gabriella Patey, was misdiagnosed with terminal breast cancer by Halifax’s IWK Health Centre, only to be told days later it was an error. Legal expert Wayne MacKay highlights the significant challenges of winning medical malpractice lawsuits, emphasizing the need to prove negligence below professional standards.