Bowel Injury

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Case comment on Forget v Gibb, 2026 ONSC 626, on standard of care, expert evidence, and causation in a surgical negligence claim. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Forget v Gibb: A Surgical Complication, a Failed Repair, and No Breach of the Standard of Care

In Forget v Gibb, 2026 ONSC 626, the Ontario court dismissed a surgical negligence claim and delivered a sharp critique of the plaintiff’s expert.

April 14, 2026

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.

March 14, 2025

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Bowel Injury

Forget v Gibb: A Surgical Complication, a Failed Repair, and No Breach of the Standard of Care

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

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Concerned about medical negligence? Talk to Paul directly.

Concerned about medical negligence?
Talk to Paul directly.