Liability Considerations in Surgical “Never Events” or Recognized Complication Cases
How surgical negligence claims succeed or fail. A 2026 OTLA Spring Conference paper on never events and recognized complication cases.
May 8, 2026
Articles Tagged
Documentation
Pediatric Tonsillectomy Death Lawsuit at McMaster Children’s: Coverage in the Hamilton Spectator
Hamilton Spectator coverage of the Hanans family’s $2.5 million lawsuit against Hamilton Health Sciences over the 2024 death of a four-year-old following routine pediatric tonsil surgery.
April 10, 2026
Pellerin v Balfour: Negative Imaging, Differential Diagnosis, and ER Discharge
The BC Supreme Court dismisses a missed-appendicitis claim. Normal ultrasound, documented differential diagnosis, and the anchoring bias allegation rejected.
December 20, 2024
Lorencz v Talukdar: Failure to Refer, Wait Times, and Causation
The Saskatchewan Court of Appeal affirms dismissal of a failure-to-refer claim. Breach of standard of care, but causation defeated by referral wait times.
November 27, 2024
McLean v Valadka: Informed Consent, Cryptogenic Stroke, and the Modified Objective Test
On December 1, 2023, the Ontario Superior Court of Justice dismissed a medical malpractice lawsuit brought by a young woman who suffered a stroke after taking birth control medication provided by her family physician who allegedly failed to advise her of the increased risk of stroke associated with that particular brand of birth control pill (Yaz).
January 29, 2024
Medication Errors in Malpractice Cases: Inside Medical Malpractice Podcast with Chris Rokosh
On Inside Medical Malpractice with Chris Rokosh: medication errors as Never Events, the 10 rights of medication administration, and what they mean in litigation.
November 7, 2022
Hacopian-Armen v Mahmoud: A Failure to Biopsy, a Stage IV Uterine Cancer, and a Trial Victory
Paul Cahill won a trial verdict in Hacopian-Armen v Mahmoud where Justice Brown found a gynecologist negligently failed to biopsy and missed a curable cancer.
August 19, 2020
Self-Represented Litigants in Girao v Cunningham: Commentary in Law Times
Paul Cahill on Girao v Cunningham, s. 52 of the Evidence Act, and trial fairness for self-represented litigants. From a May 2020 Law Times feature.
May 11, 2020
O’Neill-Renouf v Ibrahim: An Obturator Nerve Injury, a Competing Edema Theory, and a Trial Victory
Paul Cahill won a trial verdict in O’Neill-Renouf v Ibrahim where Justice Baltman found a urologist negligently injured the obturator nerve during a TVT procedure.
July 19, 2019
The Role of Legal Nurse Consultants in Medical Malpractice
The role of legal nurse consultants in medical malpractice cases, from records review to expert identification. From a 2015 Connect MLX seminar.
September 14, 2015
Ayana v Skin Klinic: A Trial Victory on the Standard of Care for Laser Hair Removal in Ontario
Paul Cahill’s trial victory in Ayana v Skin Klinic, 2009, established the standard of care for laser hair removal performed in an Ontario dermatology clinic.
July 29, 2009
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