Cross-Examining the Defence Expert at the OBA Anatomy of a Trial
How to cross-examine the defence expert and advance your case theory. From the 2024 OBA Anatomy of a Trial continuing professional development program.
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Denman v Radovanovic: Cumulative Risks and the Treatment Team’s Duty to Inform
The Ontario Court of Appeal affirmed liability against three physicians for failure to disclose the cumulative risks of a multi-step brain AVM treatment plan.
Papineau v Romero-Sierra: When a Lyme Disease Claim Fails at the Diagnosis
A delayed Lyme disease claim against two Ontario physicians dismissed on multiple grounds, including the most fundamental: the plaintiff failed to prove he had Lyme disease.
Causation in Claims of “Systemic” Medical Negligence: Levac v James
Composite card pairing the Medico-Legal Society of Toronto crest with the title Causation in Systemic Medical Negligence, on Paul Cahill’s navy brand panel.
Henry v Zaitlen: A Jury Verdict for Delayed Diagnosis of a Spinal Cord Fistula
A young man developed paraplegia from an undiagnosed spinal dural fistula his neurologist failed to investigate. A jury awarded $1.5M; the Court of Appeal affirmed.
CPSO v Li: Fee Misconduct and Unsupported Certifications
A family physician suspended for 12 months after charging patients for Accessible Parking Permit applications and certifying eligibility his charts did not support.
Kotorashvili v Lee: When a Surgeon Deviates from His Own Treatment Plan
An Ontario orthopaedic surgeon was found liable after removing clavicle hardware six weeks early without revisiting his own documented treatment plan.
Focken v Miller: Expert Evidence and the Foreseeable Risk Argument
A widow’s appeal in a death after delayed embolization for a lingual artery pseudoaneurysm. The BC Court of Appeal affirmed dismissal on the standard of care.
Rybakov v Khattak: ECT Malpractice and the Expert Evidence Requirement
A claim alleging that psychiatrists failed to disclose dose increases during a course of ECT was dismissed mid-trial for absence of expert evidence. The BC Court of Appeal affirmed.