Ontario Medical Malpractice Insights | Paul Cahill

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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.

Articles on this site are for general information only and do not constitute legal advice. Reading articles does not create a lawyer-client relationship.

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Case comment on College of Physicians and Surgeons of Ontario v Sharma, 2025 ONPSDT 5 (Ontario Physicians and Surgeons Discipline Tribunal), 10-month licence suspension of anesthesiologist for inattention during two procedures, manual alteration of electronic oxygen saturation records after adverse outcomes, and systematic OHIP billing misconduct across approximately 80 percent of audited patient charts. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

CPSO v Sharma: Anesthesia Vigilance, Record Falsification, and OHIP Billing

Ontario anesthesiologist suspended ten months for lapses in vigilance, altering records after adverse events, and OHIP misbilling. CPSO v Sharma, 2025 ONPSDT 5.

Case comment on Ibrahimova v Cavanagh, 2025 ONSC 1152 (Ontario Superior Court of Justice), motion decision denying defendant physicians' request for production of in-home security camera recordings in a catastrophic injury malpractice action arising from missed previable PROM and septic pregnancy loss. On the privacy versus relevance framework in civil discovery and the Stewart v Kempster line. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Ibrahimova v Cavanagh: In-Home Recordings, Privacy, and the Limits of Defence Discovery

Ontario court denies defendant doctors’ motion for in-home security camera recordings in catastrophic injury malpractice action. Privacy prevails over relevance.

Case comment on Tripp v Ross, 2025 MBCA 25 (Manitoba Court of Appeal), defendant appellate win affirming dismissal of delayed colon cancer diagnosis claim. On the Benhaim framework for adverse inferences of causation, the evidentiary bridge requirement for statistical evidence, and the below-50-percent loss-of-chance distinction. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Tripp v Ross (MBCA): Delayed Colon Cancer Diagnosis and the Benhaim Causation Framework

Manitoba Court of Appeal affirms dismissal of delayed colon cancer diagnosis claim. The Benhaim framework on adverse inferences and statistical evidence in causation.

Case comment on Estate of McMullan v Estate of Naom, 2025 ONSC 254 (Ontario Superior Court of Justice), defendant trial win on aortic dissection missed-diagnosis claim against internal medicine specialist and ED physician. On the limits of foreseeability framework, the reassuring investigation framework, and the temporal disconnection framework. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

McMullan Estate v Naom Estate: Mild Aortic Root Dilation, ED Chest Pain, and the Limits of Foreseeability

Ontario Superior Court dismisses fatal aortic dissection claim against internist and ED physician. The standards of care for mild aortic dilation and hypertensive chest pain.

Case comment on Szeto v Kives, 2024 ONSC 7258 (Ontario Superior Court of Justice), plaintiff trial win on unrecognized intraoperative bowel injury in laparoscopic hysterectomy. On the surgical duty to inspect framework, the discovery-versus-trial testimony contradiction framework, and the principle that recognized risks do not displace detection obligations. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Szeto v Kives: Laparoscopic Hysterectomy, Bowel Injury, and the Surgical Duty to Inspect

Ontario Superior Court finds gynecologic surgeon liable for unrecognized intraoperative bowel injury. The duty to inspect framework in laparoscopic surgery.

Notable case from Paul Cahill's practice: a March 2025 settlement on behalf of a patient who was discharged from a hospital emergency department despite clinical signs of acute psychiatric illness, suffered a severe psychotic episode within 24 hours, and sustained catastrophic spinal cord injuries resulting in paraplegia. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

A Failure to Admit, an Acute Psychiatric Crisis, and a Catastrophic Injury Settlement

A settlement on behalf of a patient discharged from hospital despite signs of acute psychiatric illness, who suffered catastrophic injury within 24 hours.

Case comment on Graham v Bridgepoint Health, 2025 CanLII 380 (Ontario Superior Court of Justice), defendant trial win on both SOC and causation in post-operative osteomyelitis claim. On the hospitalist standard of care framework, the pre-existing condition causation defence, the same-treatment counterfactual, and the patient's own conduct framework. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Graham v Bridgepoint Health: Osteomyelitis, Hospitalist Standard of Care, and Patient Treatment Decisions

Ontario Superior Court dismisses post-operative osteomyelitis claim. The hospitalist standard of care, patient-declined treatment, and the pre-existing infection defence.

Case comment on Brown v Meaney, 2024 ONSC 7256 (Ontario Superior Court of Justice), plaintiff trial win on pediatric PDE treatment delay. On the low-risk alternative framework, the bounded operation of the common-practice defence, and the twin sister as natural experiment in causation. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Brown v Meaney: Pyridoxine, Informed Consent, and the Low-Risk Alternative

Ontario Superior Court finds pediatric neurologists negligent for delayed pyridoxine treatment in PDE. The low-risk alternative framework and twin sister causation.

Case comment on Yang v Freed, 2024 ABKB 763 (Alberta King's Bench), defendant trial win on critical care echocardiography timing in ECMO patient. On the bidirectional operation of Snell v Farrell, the temporal counterfactual framework, and the limits of causation in critical care. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Yang v Freed: Echocardiography Timing, ECMO, and the Limits of Causation in Critical Care

Alberta King’s Bench dismisses critical care malpractice claim. Standard of care breached on echocardiography timing, but causation defeated by temporal mismatch.

Informed. Equipped. Empowered.

Informed.
Equipped.
Empowered.