Please try to give answer of this question I am uploading this third time now.

Instructions

Review the attached Statement of Claim and answer the following questions.

1. Who is the Plaintiff in this case? (1 point)

2. Who are the Defendants in this case? (1 point)

3. What happened in this case? (2 points)

4. How much is Frank Papineau claiming in damages? (1 point)

5. Does the Plaintiff put forward a compelling case for negligence? (2.5 points)

Consider:

- Did the Defendants have a duty of care to the Plaintiff?

- Was there a breach of that duty of care?

- Did the Plaintiff suffer harm?

- Was the harm caused by the Defendant?

6. In your opinion, what should be the outcome of this case? (2.5 points)

7:17 PM Pull alll 82 Statement of Claim - Papineau vs. Rom . . . Court File No: 13 58490 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ERIOR COURT OF JUS FRANK PAPINEAU USTICE SUPER Plaintiff - and - COUR S SUPERIFURE DE JU DR. PABLO ROMERO-SIERRA and DR. JOHNNY BRISEBOIS Ontario and KEMPTVILLE DISTRICT HOSPITAL Defendants STATEMENT OF CLAIM TO THE DEFENDANTS: A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a Statement of Defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the Plaintiffs' lawyer or, where the Plaintiffs does not have a lawyer, serve it on the Plaintiffs, and file it, with proof of service in this court office, WITHIN TWENTY DAYS after this Statement of Claim is served on you, if you are served in Ontario. If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your Statement of Defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days. Instead of serving and filing a Statement of Defence, you may serve and file a Notice of Intent to Defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your Statement of Defence. IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. Date: August 2013 Issued by: Local Registrar 161 Elgin Street Ottawa, ON K2P 2K1 To: DR. PABLO ROMERO-SIERRA Main Street Family Health Centre7:17 PM 0 0 Pull call 82 Statement of Claim - Papineau vs. Rom O . . . To: DR. PABLO ROMERO-SIERRA Main Street Family Health Centre 1251 Main Street Stittsville Ontario K2S 2E5 And To: DR. JOHNNY BRISEBOIS KEMPTVILLE DISTRICT HOSPITAL 3675 Concession Road Kemptville Ontario KOG 1J0 And To: KEMPTVILLE DISTRICT HOSPITAL 3675 Concession Road Kemptville Ontario KOG 1JO CLAIM w 1. The Plaintiff Frank Papineau claims: a. General Damages in the amount of $350,000.00; b . Special Damages, including past and future loss of income, loss of competitive advantage, future costs of care, housekeeping and home maintenance, the full particulars of which are not available at the time of preparation of this Statement of Claim but will be provided to the Defendants prior to trial; C. Damages for the Ontario Ministry of Health and Long Term Care's (O.H.I.P.) subrogatinterest in an amount to be ascertained; d. Pre-judgment and post-judgment interest pursuant to sections 128 and 129 of the Courts of Justice Act, R.S.O. 1990, c.C.43 as amended; C. The cost of this action on a Substantial Indemnity Basis, with HST thereon; and f. Such further and other relief as this Honourable Court may deem just. THE PARTIES 2. The Plaintiff Frank Papineau is a 49-year-old man, born on August 17, 1963, who resides in the City of Ottawa, in the Province of Ontario. Frank was at all material times7:17 PMOOD Pull call 82 Statement of Claim - Papineau vs. Rom O . . . THE PARTIES 2. The Plaintiff Frank Papineau is a 49-year-old man, born on August 17, 1963, who resides in the City of Ottawa, in the Province of Ontario. Frank was at all material times a patient under the family care practise of Dr. Romero-Sierra MD., and a patient at the Kemptville Hospital Emergency Department under the care of Dr. Brisebois, MD. 4 3. The Defendant, Dr. Romero Sierra was at all material times a family physician practicing in or about the Town of Stittsville, duly licensed by the College of Physicians and Surgeons for Ontario. 4 . The Defendant, Dr. Brisebois, was at all material times a physician practicing in or about the Town of Kemptville, Ontario, duly licensed by the College of Physicians and Surgeons for Ontario, and enjoyed privileges at the Kemptville District Hospital. 5. The Defendant, Kemptville District Hospital, was at all material times a hospital providing emergency medical services to patients covered by the Ontario Health Insurance Program, a fully accredited healthcare facility operating under Ontario provincial statute and regulations. BACKGROUND 6. Frank Papineau was born on August 17, 1963, and is a 49 year old man. His prior medical history was unremarkable, and clinically insignificant. Prior to April 14, 2010, Frank enjoyed an excellent quality of life. He was active and ambulatory, a successful business man and father of a healthy daughter. 7. On April 14, 2010 Frank was bitten by a tick. He attended at the Kemptville District Hospital Emergency Department to be assessed and diagnosed with respect to the insect bite. He was assessed and diagnosed by Dr. Johnny Brisebois, MD, while in the7:17 PM '9' '1 E.) I: Eta ..:II '23. Statement of Claim Papineau vs. Ron 6 [r/052% Emergency Department. Frank Papineau was given Amoxii 2.50 mg by mouth, as ordered by Dr. Brisebois and was discharged from the hospital the same day, with a prescription for Arnoxioillan 500 mg (three times daily) for 10 days. 8. Following the visit at the Emergency Department, Frank Papineau suffered an onslaught of physiological symptoms including heart problems, psychological problems, urological problems, fatigue, and a host of clinically relevant symptoms. Frank Papineau attended several times, over the course of two years, to the Stittsville Family Medical Centre under the medical attention of Dr, Romeo- Sierra, He repeatedly asked Dr. Romero-Sierra if there was a possibility that he had Lyme disease. Frank Papineau was never investigated for Lyme disease. 9. Frank Papineau was diagnosed with a complicated ease of Lyme disease, ALLEGATIONS 0F NEGLIGENCE, MALI'RACTICE AND BREACH OF CONTRACT 10. The Plaintiff pleads and the fact is that as a result of the misdiagnosis of the insect bite, the incorrect prescription provided to him April 14, 2010, the lack of proper medical assessments and diagnosis, the lack of a standard of care provided by both medical physicians, and the lack of communication and dissemination of medical documentation from the Kemptville Hospital to the ofce where Frank Papineau received his primary care on an ongoing basis, the Defendants have caused serious, severe and permanent injuries, which lmve resulted in severe and chronic disease to Frank Papineau. As to Dr. Romero Sierra: 11. The Plaintiff pleads and the fact is that the injuries and damage aforesaid were caused by the negligence, malpractice and breach of contract of Dr. Romero Sierra, the particulars of which are as follows: a. He was an incompetent physician lacking in skill, education, training and judgment; I 4 7:17 PM '9' '1 E.) I: in ..:II '63 6 Statement of Claim Papineau vs. Ron 9