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Mar 24, 2022 in News Legal News

Legal News: Fighting for the Legal Rights of Children

florence triplets, medical malpractice

In October of 2021, we appeared before the Ontario Court of Appeal and asked that they consider whether our three minor clients, the Florence Triplets, should be given an opportunity to argue that they were owed a duty of care by their mother’s physician before they were conceived. The triplets were born very prematurely after their mother was put on a fertility drug that was not clinically appropriate. As a result of their prematurity, each one of the triplets has suffered extensive injury and cerebral palsy and requires extensive, lifelong care.

Our position at the appeal was simple: On a prior Rule 21 motion, Justice Wilson had struck the triplets’ claims without the necessary analysis, which could only be completed at a full trial. We argued that there had never been a categorical denial of the claims asserted by the Florence Triplets, as each case must be assessed in the context of the specific duty alleged and the specific facts. The majority of the ONCA panel disagreed. Fortunately, Justice Fairburn wrote a strong dissenting opinion in support of our position.

Since the Supreme Court of Canada has never addressed the issue of whether Canadian physicians may owe a duty of care to future children, we sought leave to pose exactly that question. Unfortunately, our leave application was denied. The impact of the SCC’s refusal is widespread across disability rights, healthcare policy, and ethics. 

The firm will continue to advocate for the mother and the extensive care needs that the children require. 

Click here to read the Court of Appeal Decision and to listen to Duncan Embury discuss the impacts of the Florence decision on Chris Rokosh’s medical negligence podcast.

Personal Injury Lawyer at Neinstein Personal Injury Lawyers Toronto

Duncan Embury

Partner, Head of Medical Malpractice

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Area of Expertise

Medical Malpractice

 

When you choose to retain a medical malpractice lawyer at Neinstein, you gain the peace of mind that can only come from proven methods and applicable experience. We can help you determine if your case qualifies for a medical malpractice claim and can assist you by providing the means for remuneration and the possibility of a smoother recovery. Patient safety is paramount and when that is compromised and medical errors happen the consequences are devastating and life changing. You deserve to have the strength of our medical malpractice lawyers on your side.

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Personal Injury Lawyer at Neinstein Personal Injury Lawyers Toronto

Duncan Embury

Partner, Head of Medical Malpractice

More Posts View Bio

Area of Expertise

Medical Malpractice

 

When you choose to retain a medical malpractice lawyer at Neinstein, you gain the peace of mind that can only come from proven methods and applicable experience. We can help you determine if your case qualifies for a medical malpractice claim and can assist you by providing the means for remuneration and the possibility of a smoother recovery. Patient safety is paramount and when that is compromised and medical errors happen the consequences are devastating and life changing. You deserve to have the strength of our medical malpractice lawyers on your side.

More Posts Legal Support

Book A Free Consultation

We will not charge you unless your case is successful.


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At Neinstein we have been advocating for injured victims for over 50 years. Our committed and compassionate team will do everything necessary to help you and your family find solutions to the new challenges that arise from serious injuries.

Our team will ensure you access the proper healthcare support to aid in your recovery. While you focus on your rehabilitation, we will thoroughly investigate your case and guide you through the litigation process so we can achieve the maximum compensation that you deserve.