HomeNews Legal News One Health Care System, Many Models of Care? Not Quite

Aug 08, 2022 in News --> Legal News

One Health Care System, Many Models of Care? Not Quite

Can doctors ignore a new model of care implemented by a hospital because they disagree with it (or because their private practice has been impacted)? Big questions and the answers could have far-reaching consequences for the medical system in Ontario. 

New Model of Care Sparks a Dispute Between Physician and Hospital

Dr. Albert Kadri, a member of Windsor Regional Hospital (WRH) and physician specializing in nephrology, didn't take kindly to a new model of care for renal patients. It required new patients who were admitted to WRH's dialysis program be seen by a multidisciplinary clinical team at the hospital.

This impacted Dr. Kadri's private practice, in which he operated a separate renal care clinic that would treat patients transitioning to dialysis. Dr. Kadri actively resisted complying with the model of care and continued to treat "his" renal patients based on the pre-existing model.

If It's Not the Highway, It's My Way...

Dr. Kadri continued making unilateral dialysis orders for "his" patients. He made orders contradictory to those of the on-call nephrologist, provided orders inconsistently, and "used intimidation and threats to bully other physicians." 

Pursuant to his conduct, a panel comprising WRH's board of directors determined Dr. Kadri's actions to have "resisted, undermined, and disrupted" implementation of the new model of care for renal patients, and they decided to suspend his hospital privileges. Dr. Kadri's appeal to the Health Professions Appeal and Review Board against the suspension was dismissed as well. 

He then approached Ontario’s Divisional Court.

"No Health Care System Could Run ...Where a Doctor Does Not Agree With Hospital Policy"

Justice Lederer, delivering the court's unanimous verdict, assessed the facts of the case finely and upheld the suspension. On the issue of bad faith, he noted, "no health care system could run on the basis that where a doctor does not agree with hospital policy, he or she is free to act on his or her own view, ethical or otherwise, of how things should be done." It didn't help that none of the other nephrologists objected to the new model of care.

No Specific Harm to Any Specific Patient

The court also took a dim view of Dr. Kadri's argument that the disruptive behaviour was acceptable because there was no evidence of specific harm to patients. 

Noting his disruptive behaviour–including asking staff to follow different procedures solely for patients he was attending to and not accepting the new billing practices–the court was of the opinion, "it is difficult to see how these efforts would not be detrimental to the implementation of the new model of care and to the patients they served." The court upheld the revocation of Dr. Kadri's privileges.

One Medical System, Many Treatments?

Not quite. The decision in Kadri v Windsor Regional Hospital demonstrates the court's stance on maintaining uniformity in the medical system, ensuring a predictable standard of care for patients. 

Did your doctor follow an unapproved treatment protocol? Talk to medical malpractice lawyers immediately. We'll help you understand your case and lay out your options.

Book a free, no-obligation consultation with experienced medical malpractice lawyers today.

Categories
Category Selector

Select a category relevant to you.

 
Close
 
Close
 
Close
 
Close
 
Close
 
Close
 
Close

Book a Free
Consultation

We will not charge you any fees unless your case is successful.

Share Additional Details (Optional)

 
N.V. & K.H Medical Malpractice Lawyer Testimonial from N.V. and K.H.
"We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.

Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he was very personable.

Throughout the four-year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first. One of the most important attributes that Duncan possesses outside of his legal skills is his ability to understand our family dynamics and keep us informed at every step of the way.

This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.

In the end Duncan not only got us the result that was needed and deserved but he did so with putting our family first and in our fragile mental and emotional state we could not have asked for anything more. It's great to know that we now have the ability to take care of our daughter and her future needs.

I would recommend Duncan without even a moment's hesitation to anyone that needs expert legal advice and guidance. He is Master of his craft and truly cares about the families he represents."
 
C.R. Medical Malpractice Lawyer Testimonial from C.R.
"In 2010, I met Duncan for the first time with my wife. He explained to me that he had reviewed all the information I had sent to his firm and he said he couldn't believe what he was reading. With that he looked at me and said he would like to help me, because there is a good cause for legal action. So he took the case and things started moving along. The ordeal took many years but we eventually closed the case.

During that period, I spent a lot of time with Daniela and a lot of time with Duncan. They came to my home many times to go over things with me and my wife; they took care of the whole legal process for me.

I feel that after 5 years we have more than a professional connection; we developed a strong friendship. I feel more than just a client; I feel like they care about me, my family and my welfare. The way he talks about his clients is very endearing. He is a very compassionate man and he remembers all details about his clients which is very reassuring. You couldn't ask for two people to represent you better than what they did. They just don't exist. Over all those months, that I went through the discovery, pre-trial and trial other lawyers would come up to me and say "You are a fortunate man, Duncan is one of the best lawyers you are ever going to get" and that wasn't just one time, it was several times that other lawyers came up and told me that. I always felt very confident in working with Duncan. He changed my life for the better and for that I am so grateful."
 
Farima M. Medical Malpractice Lawyer Testimonial from Farima M.
"I have never seen a lawyer like her, that she cares about the client, understand me and my problem listening to me explaining as much as I need, answered all my questions and I'm lucky to have her help me. Thank you so much for your help and hard work."
 
Bela P. Medical Malpractice Lawyer Testimonial from Bela P.
"To those who are experiencing any injustice or insurmountable degrees of stress over an injury or the loss of a family member due to unexplained issues, you need not look any further. The Neinstein team are there for you and to relieve your pain. I'm very pleased to have met Duncan and Erik, who took on our case re the loss of our mother. I assure you that you're case will be well taken care of. Thank you Erik and Neinstein."
 
Anna S. Medical Malpractice Lawyer Testimonial from Anna S.
"Duncan Embury and Sonia Nijjar at Neinstien helped us through one of the most difficult and vulnerable times of our lives. We were impressed with their professionalism and responsiveness to our needs as well as their compassion for our situation. They earned our trust with their hard work and I would not hesitate to recommend them to others."
 
Rathini S. Medical Malpractice Lawyer Testimonial from Rathini S.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
Rathini S. Medical Malpractice Lawyer Testimonial from David R.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
J.R. Medical Malpractice Lawyer Testimonial from J.R.
"Duncan and Sonia met my family at a time where we were dealing with very difficult circumstances and couldn't see the light at the end of the tunnel. They took on our complex case and fought for us tooth and nail until they sought justice for us! We are so incredibly grateful for their perseverance and grace. We couldn't have gotten through it without them. Thank you."
 
D.D. Medical Malpractice Lawyer Testimonial from D.D.
"5 Stars !!!!! We both feel grateful to Neinstein and its lawyers for accepting us as clients. Daniela Pacheco patiently explained to us processes and next steps. Her guidance provided comfort. She always fought for us and never gave up. We were represented with compassion and our cause was pursued with determination and commitment."