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Accident and Injury Lawyer Ches Crosbie Meets the Press

Local Physician Held Liable to Cancer Victim


Posted on Jul 22, 2009

In a recent medical malpractice case, Arnold's Cove family doctor Peter J. Cleary has been ordered to pay damages to a former patient for failing to diagnose mouth cancer over a nine month period.  The cancer could have been treated with minor surgery but progressed to the point where "commando" surgery on the patient's tongue, jaw and chest was required to cure the cancer. 

Sixty-two year old Clarenville native Basil Courtney was awarded an amount close to one million dollars for his extensive injuries in a Supreme Court of Newfoundland and Labrador, Trial Division decision released in early July.  An amount of $165,000 was awarded for pain and suffering.

Dr. Cleary argued that cancer patients should expect a lower quality of care from doctors in Newfoundland than exists elsewhere in North America.  The court rejected the argument (see para. 99).

Mr. Courtney, a pipefitter, had complained of a sore mouth during five visits to the doctor between July 1999 and April 2000.  The court found that the physician was negligent in failing to do a proper examination and in failing to refer to a specialist for investigation and diagnosis.

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