"Defamation is comprised of two subcategories between libel (libel refers to written defamatory statements)and slander(broadcasting of spoken defamatory words)
Proving a Claim in Libel and/or Slander
"the statement must be false!"
Defences to Actions in Libel and Slander
"The first defence is the defence of truth. The defence can be made that the statement was truthful and therefore there was nothing false about the statement, meaning therefore, that the statement was not defamatory."
"The second defence to an allegation of libelous statement is that the statements made were made as a fair comment. The defence of fair comment would be considered by the Court in situations where, by looking at the statement made, the facts and the situation, a conclusion can be made that the statements made were in actuality a fair commentary on the situation at hand and that the comments were fair and were not malicious."
"The defence of qualified privilege arises normally in situations where the individual publishing these statements will escape any liability if it can be proven that the public good could be furthered in open debate.
It is obvious that the Coroner's Office did not want negligence perhaps incompetence shown, which would involve a fellow member of the medical profession and certainly the standards were not met.
My 28 year old daughter is dead!!!!!!!!! And no one within Ontario will supply me with answers to my very serious concerns; not even those people who supposedly investigated!!!!
During the year 2009 to Feb 2010 ---- six deaths at this same hospital involving the same department with very similar situations-- bled to death. This year a patient went in for a hysterectomy---was in her hospital room ---- started bleeding ---- bled to death before they could get to OR.---- Also, apparently an expert from a medical university was called in to assess the procedures within the operating room involving this same department team. My daughter bled to death 12 hours after being released from Humber River Regional Hospital.
Just think, if the Chief Coroner's Office had of granted a public inquest, or a regional coroner's review or have The Patient Safety Death Panel look into this matter it would have indeed saved lives.
Please help me find some justice for the death of my 28 year old daughter.
Please feel free to forward this to any of your friends who may wish to help, as well.
IN MEMORY OF TERRA DAWN KILBY --Trying to bring Transparency and Accountability Within Ontario's Health Care Institutions.
--See Face Book groups "Missing Terra Dawn", "Ontario Chief Coroner's Lies, Deceit and Immoral" and "Ontario Needs a Health Ombudsman" for more relevant information.
I have issued a complaint against the Chief Coroner's Office of Ontario with respect to their investigation into Terra's death. Terra bled to death 12 hours after being released from hospital July21, 2006. I have been trying for five years to merely bring out the truth. No malpractice suit, I don't want money. I want changes.
They denied my request for a public inquest, denied my request in having Terra's death looked into by the Patient Safety Death Panel and denied my request for an Eastern Ontario Coroner's review.
All of their decisions were based on their own independent, unnamed expert whose report ignored completely many medical concerns contained within Terra's hospital records.
What are they trying to keep hidden?? Are they afraid that others will question perhaps their own loved one's death and the coroner's investigation, thus opening up a floodgate of more complaints against the Chief Coroner's Office of Ontario?
What I sent to the Death Investigative Council was more than 75 pages.
Now, we will see how this new council judges my complaint if I ever get a response from them.
What I have learned since Terra's death:
1. The Chief Coroners Office of Ontario have never granted an inquest into a death that may implicate the care or lack thereof by a surgeon or hospital. This office is fully funded by Ontario's taxes. The Chief Coroner's final opinion for public inquests can not be overturn! Dr Lauwer's makes over $300,000 dollars per year with approximately 4- 6 weeks paid holidays. Dr. McCallum, our Chief Coroner makes over $400,000 with the same number of weeks paid holidays. THESE TWO LEFT THE CHIEF CORONER'S OFFICE BEFORE MY COMPLAINT WAS DEALT WITH BY THE DIOC.
2. We the taxpayers of Ontario pay 85% of all doctor's malpractice insurance.
The Malpractice Insurer has THREE BILLLION DOLLARS set aside to defend doctors!!! That is why malpractice suits have been on the decline.
3. The College of Phys & Surgeons are totally inept at investigating themselves. Since 1994, they have received well over 30,000 complaints from Ontario Citizens and only 377 have been confirmed and dealt with by the College. I have won my first appeal at the Health Professions Appeal and Review Board. This Board sent the College's decision back to them ( it has been over 400 days since this was done) for a new decision as it was deemed "unreasonable". I have a second complaint submitted to the College and it has been over a year with no response.(the College's unnamed expert also fails to comment on the important issues and sidesteps the crucial concerns)
Looking at the comment below certainly questions whether this College should continue to be self-regulated. They have difficulty finding a suitable opinion provider??? I feel very sorry for all those citizen who have submitted complaints in the past who probably didn't have thorough and expertise investigations.
Manager, Committee Support
College of Physicians and Surgeons of Ontario
"He noted that he would have expected a more thorough analysis of the situation in the surgeon's notes."
5. Premier McGuinty and his Ministers have done nothing for me. Suggestion--- Provincial Election this fall-- why should the Liberals receive your vote???
You may wish to e-mail the others named below.
HE HAS SINCE LEFT DUE TO COMPLETELY SCREWING THE ONTARIO PUBLIC
Kathleen Wynne kwynne.mpp.@liberal.ola.org
Now we have at least four systemic factors within Terra's care at HRRH:
1. No anti-biotic prophylaxis given at time of major open abdominal surgery! -- No anti-biotics given at any time!
2. Dietary needs not met --- only receiving 687 calories per day on liquid diet with no supplemental nutrition given, thus a starvation diet producing nutritional deficiencies.
3. Many gram negative bacillia present and left untreated causing damage to the reconstructed colon
4. Many PMN's indicating a bacterial infection ignored by the surgeon and left untreated causing damage to the reconstructed colon
Yet Dr Lauwers (Chief Coroners Office of Ontario) insists there are NO systemic issues factoring into Terra's colon resection breakdown and causing her death????????
Do You Smell Something ODD??
Also, his independent medical expert failed to mention any of the four above items that were indicated within the medical charts and records belonging to Terra which he was to study.
Plus: The incision was oozing purulent fluid upon released from hospital. Her abdomen went from flat to rounded to large upon her release.
So many issues that Dr Lauwers from the Chief Coroner's Office refused to comment on, including his so-called unnamed expert.
Comments from The Chief Coroner's Office's unnamed expert????
The operative procedure was carried out according to the appropriate standard and good decision making is evident. The postoperative care was appropriate.
There were no clinical indications for a CT scan or other investigation. It is not unusual for patients to be discharged without having had a solid bowel movement.
So, the Chief Coroner’s Office has refused to answer any questions I have of them with regard to my daughter's death which they supposed investigated thoroughly.
I am an Ontario citizen whose daughter passed away suddenly, whose death was investigated by them and they won't answer questions. Why??? and How can they be allowed to do this???
From my MPP when he spoke in parliament.
Why should I need, or have to go outside Ontario and Canada's Borders to get the answers I seek?
I am going to respectfully disagree with the Coroner.
If you take a look at the charts, it seems to me that nurses and doctors are talking about two different patients.
Doctors are talking about a stable patient who is afebril , and her wound is healing , and their plan is to discharge the patient within 1-2 days.
On the other hand, nurses are talking about a patient who has a fluctuating vital signs [particularly her Temperature], patient is refusing food while she is stating to nurses that she is hungry, and she tells nurses that she does not have pain but nurses are giving her pain medications anyway, and finally patient's abdomen is going from flat to round and large.
Inadequate and meaningless physician progress note. Physician must write their progress note in SOAP system [ CPSO requires that all physician's note to be written in SOAP method. S: subjective, means what patient is telling me O: Objective, what I observe , A: assessment, vital signs and physical assessment, P: Plan, what I am going to do for this patient in order to address her complaints and her abnormal physical findings]
Ultimate responsibility lies with Terra's surgeon!