Toronto medical malpractice lawyer Paul Cahill recently contributed an original article published in the Winter 2023/2024 edition of The Litigator entitled: “From Start to Finish: How to Ensure Your Expert is Permitted to Testify at Trial.”
The Litigator magazine serves as the journal of the Ontario Trial Lawyers Association and is the organization’s flagship publication. The history of The Litigator is long and rich, dating back to the summer of 1992 (Issue 1, Volume 1) when it made its fledgling debut as an eight-page pamphlet.
From the perspective of a plaintiff-side personal injury and medical malpractice lawyer, this article covers the many important aspects of finding the right expert for your case and ensuring that they are permitted to testify at trial.
The various types of experts are reviewed including litigation experts, participant experts and nonparty experts.
The qualification stage, which is the threshold admissibility test undertaken by the trial judge, is also canvassed in detail as well as common defence strategies to exclude or restrict expert evidence.
Articles published in The Litigator are exclusive to OTLA members and are one of the many benefits to membership. To read this article, and many more, please follow this link to learn how you can join OTLA today.
On December 30, 2024, the Honourable Justice Michael Bordin of the Ontario Superior Court of Justice determined that two pediatric neurologists of McMaster Children’s Hospital (“MCH”) were negligent in the treatment of a newborn girl’s seizures which unfortunately resulted in a significant brain injury along with intellectual and development delay.
On December 20, 2024, the Court of King’s Bench of Alberta dismissed a medical malpractice claim brought by the family of a 51 year-old woman who died 10 days after admission to the University of Alberta Hospital in Edmonton. The patient’s death occurred during a cardiac procedure to address an issue with her mitral heart valve. The trial was focused on the two critical care medicine specialists involved in her care at the material time.
