Representing victims of medical malpractice across Ontario

Experience Matters

Paul Cahill is an experienced medical malpractice lawyer with a proven track record of success.

About Paul Cahill

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Paul is a Partner at Davidson Cahill Morrison LLP, an established boutique litigation law firm with offices in Toronto, Huntsville and Bowmanville.

Paul’s advanced advocacy skills both inside and outside of the courtroom have led to him being recognized by the Law Society of Ontario as a Certified Specialist in Civil Litigation

Paul has proven himself a fearless advocate by a number of successful trial outcomes over the years, including a recent $11.5 million judgment for medical malpractice causing cerebral palsy against a negligent doctor as well as a recent judgment against a negligent emergency room physician who caused the death of a 34 year-old mother of 4 young children.

Paul’s hard work and dedication to his clients has led to him being recognized by his peers and numerous publications including Best Lawyers in Canada for Medical Negligence and Personal Injury Litigation since 2021.

Paul is a past director of the Ontario Trial Lawyers Association (2020-2023) and past Chair of the Medical Malpractice Section (2019-2020).

For select matters, Paul will act as trial counsel to other lawyers for medical malpractice and serious personal injury claims.

Areas of Practice

  • Birth Trauma
  • Obstetrical and Neonatal Negligence causing Hypoxic Ischemic Encephalopathy and Cerebral Palsy
  • Midwife Negligence
  • Surgical Errors in Gynecology, Urology, General Surgery, Neurosurgery, Vascular Surgery, Orthopedic Surgery and others
  • Post-Operative Care Negligence
  • Neurology and Stroke Misdiagnosis
  • Emergency Room Delay
  • Medication Errors
  • Misdiagnosis and Delayed Diagnosis
  • Hospital Falls and Neglect
  • Lack of Informed Consent
  • Nursing Home Negligence

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Frequently Asked Questions About Medical Malpractice Claims in Ontario

How do I know if I have a medical malpractice case?

Most people who call us aren’t sure — they only know that something went wrong, the explanations they received didn’t add up, and they want answers. That’s the right time to call. Determining whether negligence occurred requires a careful review of your medical records and an opinion from a qualified medical expert. We do that work for you, at no cost during the investigation phase. If we conclude there isn’t a viable claim, we’ll tell you honestly. If there is, we’ll explain your options clearly before you commit to anything.

There is no cost for the initial consultation, no cost to investigate your potential claim, and no legal fees unless we recover compensation for you. This is called a contingency fee arrangement and it is standard in medical malpractice cases in Ontario. The exact percentage is set out in a written retainer agreement that we walk through with you in plain language before any work begins. You will never receive an unexpected bill from our office.

Under Ontario’s Limitations Act, 2002, most civil claims must be commenced within two years of when you discovered — or reasonably should have discovered — that you suffered an injury caused by someone’s negligence. Special rules extend this period for minors and for adults who lack the legal capacity to manage their own affairs. Because the rules are nuanced and the consequences of missing a deadline are permanent, you should call as soon as you suspect a problem. Even when the formal limitation period has not expired, evidence becomes harder to gather and witnesses become harder to locate over time.

Most medical malpractice cases in Ontario settle before trial — but the cases that settle for fair value almost always settle because the defendant believes the plaintiff’s lawyer is genuinely prepared to go to trial. Physicians in Ontario are defended by the Canadian Medical Protective Association (CMPA), which vigorously defends claims and tracks which plaintiff lawyers actually try cases. Paul Cahill has a record of trying medical malpractice cases to verdict, including the $11.5 million jury award for a child born with cerebral palsy. That trial record is one of the most important factors in obtaining a strong settlement.

Most medical malpractice claims in Ontario take three to five years from start to finish. Cases involving children with permanent injuries often take longer because the child’s developmental trajectory needs to be observed before a reliable life care plan can be prepared. Throughout the process, you will not need to be in court — most of the work happens behind the scenes through document review, expert reports, examinations for discovery, and mediation. We keep you informed at every stage so the process never feels mysterious.

Possibly, yes. The fact that a complication is “known” or “recognized” does not mean it was unavoidable in your specific case. Many serious medical injuries occur because of failures to recognize warning signs, failures to communicate, delayed diagnoses, or failures to act on test results — even when the underlying complication itself was a known risk. The only way to know whether negligence played a role is to have your records reviewed by a qualified medical expert. That review is something we arrange as part of our investigation.

In nearly all cases, no. Ontario physicians are defended and indemnified by the Canadian Medical Protective Association (CMPA), and Ontario hospitals are insured by the Healthcare Insurance Reciprocal of Canada (HIROC) or similar insurers. Settlements and judgments are paid by these organizations, not by the individual healthcare provider. Pursuing a claim does not bankrupt your doctor or take money from a hospital’s patient care budget.

No. A complaint to the College of Physicians and Surgeons of Ontario (CPSO) is a regulatory process that addresses professional misconduct or incompetence and can lead to disciplinary measures against the doctor’s licence. A civil lawsuit is a separate process and is the only way to recover financial compensation for the harm you suffered. The two processes can run in parallel and one does not replace the other. Filing — or not filing — a CPSO complaint will not affect your right to sue.

Three things. First, Paul is one of a small number of Ontario lawyers recognized by the Law Society of Ontario as a Certified Specialist in Civil Litigation. Second, he has a record of trying complex medical malpractice cases to verdict — not just settling them — which is why CMPA-defended cases tend to resolve at fair value when he is on the file. Third, he practices at a boutique litigation firm where files are handled personally, not delegated to junior associates working a high-volume caseload. For select matters, other lawyers retain Paul as trial counsel on their most complex medical malpractice and serious personal injury claims.

Whatever you have on hand. If you already have copies of medical records, hospital discharge summaries, imaging reports, or correspondence from the hospital, bring or send them. If you don’t, that’s perfectly fine — we know how to obtain records on your behalf. The most important thing you can do before your consultation is write down a timeline of what happened in your own words, including dates, names of providers, and questions you have. Everything you tell us is confidential, whether you decide to retain us or not.

Our Toronto office is at 220 Bay Street, Suite 1400 — directly across from First Canadian Place in the heart of the financial district. Davidson Cahill Morrison LLP also has offices in Huntsville and Bowmanville. We routinely meet with clients by phone or video conference if travel is difficult, which is often the case for persons or families dealing with a catastrophic injury. We can also arrange to meet you in hospital where appropriate.

Still have questions? That’s what a free consultation is for. Call (416) 643-3845 or request a consultation online.