Causation

Cauda equina syndrome in Ontario: a spinal surgical emergency often missed. Patient guide by Paul Cahill, LSO Certified Specialist in Civil Litigation.

Cauda Equina Syndrome in Ontario: A Missed Diagnosis Profile

Cauda equina syndrome is a surgical emergency. The legal claims that follow are almost always about whether the diagnosis and treatment were timely enough.

December 4, 2023

Case comment on Martindale v Bahl et al, 2023 ONSC 4259, on a delayed-diagnosis cancer claim dismissed at standard of care, with alternative findings on causation and 40% contributory negligence. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Martindale v Bahl: An Anal Cancer Claim Where the Standard of Care Was Met

A delayed-diagnosis cancer claim was dismissed at standard of care and causation, with a 40% contributory negligence finding for repeated failures to follow up.

September 5, 2023

Stroke Misdiagnosis in Ontario: Common Patterns and How Claims Are Proven

Roughly 9% of strokes are initially misdiagnosed in the emergency setting. A practical guide to how stroke claims are investigated and proven in Ontario.

August 8, 2023

Case comment on The Estate of Ashly Mickey Lynn Coville v Hamilton Health Sciences Corporation, 2023 ONSC 4245, on a pneumonia death where the trial judge found the ER physicians met the standard of care and that earlier testing would not have changed the outcome. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Coville Estate v Sellens: A Pneumonia Death and an ER That Met the Standard of Care

A trial judge dismissed a medical malpractice claim against two ER physicians, finding the standard of care was met and that earlier testing would not have changed the outcome.

July 24, 2023

Medication Errors in Ontario: Common Patterns and How Claims Are Proven

A patient’s guide to medication errors in Ontario, including the common error patterns, the high-alert drugs, and what it takes to prove a malpractice claim.

June 8, 2023

Cancer Misdiagnosis in Ontario: Common Causes and How Claims Are Proven

A delayed cancer diagnosis can be the difference between life and death. A patient’s guide to the common causes and what it takes to prove a claim in Ontario.

May 24, 2023

Can I Sue for Medical Malpractice in Ontario?

Yes, but the harder question is whether your situation supports a viable claim. An honest threshold assessment for Ontario patients considering legal action.

May 13, 2023

Case comment on Johnson v Lakeridge Health Corporation, 2024 ONCA 291, on a stroke discharge where causation defeated the claim despite admitted negligence. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Johnson v Lakeridge Health: A Stroke Discharge Where Causation Defeated the Claim

A negligent stroke discharge that failed at causation. The Ontario Court of Appeal upheld the dismissal of the action, despite an admitted breach of standard of care.

May 10, 2023

Knight v Lawson: A Surgical Injury Where Causation Defeated the Claim

I represented the plaintiff in this surgical malpractice case. The trial judge found a breach of the standard of care, but the claim failed at causation.

April 20, 2023

Woods v Jackiewicz: An $11.5 Million Verdict for a Mismanaged Twin Pregnancy

A jury verdict of $11.5 million for cerebral palsy, upheld at the Court of Appeal, following a community obstetrician’s failure to recognize and refer twin-to-twin transfusion syndrome.

April 12, 2023