Plain-language insight on medical malpractice law in Ontario. Practical guidance, case analysis, and updates from a trial-focused practice. No legal jargon. No marketing fluff. Just what you need to know.
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A young mother left in a permanent vegetative state after C-section. The court found anesthesiology negligence but accepted that an amniotic fluid embolism was the unavoidable cause.
A self-represented plaintiff’s negligence and informed consent claims against an OBGYN were dismissed on summary judgment for lack of expert evidence.
The Manitoba Court of Appeal ordered a new trial after a general surgeon was held to too low a standard for orthopedic trauma surgery, and after the trial judge relied on an undisclosed journal article.
On December 1, 2023, the Ontario Superior Court of Justice dismissed a medical malpractice lawsuit brought by a young woman who suffered a stroke after taking birth control medication provided by her family physician who allegedly failed to advise her of the increased risk of stroke associated with that particular brand of birth control pill (Yaz).
The OPSDT imposed a two-month suspension and a reprimand on a physician for unprofessional COVID-19 commentary, calibrated to the lower end of the discipline spectrum.
A proposed class action against the Moncton Hospital and a fired nurse over allegedly unprescribed oxytocin was denied certification because individual issues would predominate.
Paul Cahill’s Winter 2023/2024 Litigator article on finding the right expert, navigating Westerhof and the Mohan/White Burgess framework, and surviving defence challenges to expert evidence at trial.
A 27-year-old woman died from a missed cerebellar stroke after an ER discharge. The malpractice claim was dismissed when the plaintiff’s expert evidence unravelled at trial.
Paul Cahill’s article on expert witness qualification was published in the Winter 2023/2024 edition of The Litigator, OTLA’s flagship publication.