Experience Matters

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

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Doctor With Medical Records

Medical Malpractice and Communication Errors Among Physicians

The lack of interoperability among health information systems in Canada is a long-standing problem, with archaic methods like fax still being used to share patient data. In an attempt to curtail this issue, a federal bill, the Connected Care for Canadians Act, was introduced in 2024 to allow the secure access and sharing of personal health information among healthcare providers. The bill would also require technology companies to make their health software compatible with each other, promoting better information flow.

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Ontario Physicians and Surgeons Discipline Tribunal

Trozzi v College of Physicians and Surgeons of Ontario

The case revolves around Dr. Trozzi who appealed against the decision of the Ontario Physicians and Surgeons Discipline Tribunal. The tribunal found Dr. Trozzi guilty of professional misconduct in relation to his public statements, vaccine exemptions, and lack of cooperation. He challenged the penalty imposed on him by the tribunal which included the revocation of his medical license.

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IV Medication in Hospital

Inadequate Monitoring of Vancomycin Results in Fatal Kidney Failure

In the overburdened reality of our of healthcare system, patients sometimes fall through the cracks. Medical negligence and medication errors can lead to insurmountable health complications, and even death. An unfortunate example of this can be seen in the tragic story of Wendy Guimont (as posted by the CBC on October 19, 2024), a beloved piano teacher who reportedly died because she was not properly monitored while taking antibiotic medication. This case underlines the importance of proper drug administration and monitoring, especially in vulnerable patients.

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Ontario Physicians and Surgeons Discipline Tribunal

CPSO v. Kilian – Doctors’ Motion Refusing Medical Records Dismissed

On October 16, 2024, the Ontario Physicians and Surgeons Discipline Tribunal (“OPSDT”) of the College of Physicians and Surgeons of Ontario (“CPSO”) dismissed the motions of two physicians, Dr. Rochagné Kilian and Dr. Sonja Sophia Kustka, who refused to produce medical records as part of an investigation into their COVID-19 vaccine exemption practice.

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An expectant mother in a hospital bed holding her stomach.

Understanding Birth Injury Claims Involving Midwives

When it comes to childbirth, expectant mothers often have a choice between various birth attendants, including obstetricians and midwives. Midwifery is a longstanding practice that offers personalized care and support during pregnancy and childbirth. However, like any medical assistance, there are risks involved, including the potential for birth injuries. Understanding your rights and the legal recourse available is crucial for navigating these complex situations.

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Is Medical Malpractice on the Rise in Canada?

Is Medical Malpractice on the Rise in Canada?

Receiving high-quality healthcare is one of the most important concerns for all Canadians.

Being a medical malpractice lawyer, I only see those unfortunate few patients who are left to pick up the pieces of their lives after falling through the cracks of our imperfect healthcare system. For many of them, the consequences to their lives are truly devastating.

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Image of Forceps

Noel v. Hawrylyshyn – Birth Injury Informed Consent Case Dismissed

On August 15, 2024, a birth injury medical malpractice lawsuit was dismissed in the Ontario Superior Court of Justice.

The Plaintiffs alleged birth trauma resulting in neurodevelopmental limitations due to a lack of informed consent with respect to the use of forceps and vacuum to expedite the birth of the child. The Plaintiffs further alleged negligence with respect to the timeliness of a C-section while the fetus was in distress.

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Exterior of Osgoode Hall

Hemmings v. Peng – Trial Decision Upheld in $12m Malpractice Case

On April 20, 2009, Sophia Hemmings (“Ms. Hemmings”) suffered a cardiac arrest during a caesarean section (C-section) at Scarborough General Hospital, leading to severe brain injury. Ms. Hemmings, who was 29 years old, was represented in a lawsuit by her mother, sister, daughter, and son. They alleged negligence by several healthcare practitioners, resulting in a $12 million damages award.

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Document entitled informed consent on a clipboard with a pen

Denman v. Radovanovic – Informed Consent in Multi-Step Treatment

On April 16, 2024, the Ontario Court of Appeal dismissed the appeal of three physicians, Dr. Ivan Radovanovic (“Dr. Radovanovic”), Dr. Vitor Mendes Pereira (“Dr. Pereira”), and Dr. Karel ter Brugge (“Dr. ter Brugge”), challenging a trial judgment against them for failure to obtain informed consent from their patient, Michael Denman (“Mr. Denman”). Mr. Denman, 54, experienced a catastrophic brain injury during a third embolization procedure in June 2015, leaving him with left-sided paralysis. Damages were settled before trial at $8.5 million. The appellants were physicians at Toronto Western Hospital (TWH), who were involved in Mr. Denman’s treatment plan for an arteriovenous malformation (AVM).

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