
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.
Representing Victims of Medical Malpractice Across Ontario
Documentation, the contemporaneous recording of a patient’s history, examination, decisions, and care, is both a clinical obligation and, in litigation, a central source of proof. The medical record is frequently the most important evidence of what happened, and the quality of documentation can determine whether a plaintiff or a defendant is able to establish their version of events.
Allegations involving documentation arise in two ways. Inadequate documentation may itself be characterized as a departure from the standard of care, where the absence of a record undermined the continuity or safety of care. Separately, missing, incomplete, late, or altered records can attract an adverse inference, under which a court may infer that the absent material would not have assisted the party that failed to keep or produce it. The standard for adequate documentation is a matter of expert evidence and reflects accepted professional practice.
Posts tagged Documentation analyze Ontario decisions in which the adequacy or integrity of the clinical record was in issue.

How surgical negligence claims succeed or fail. A 2026 OTLA Spring Conference paper on never events and recognized complication cases.

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.

The BC Supreme Court dismisses a missed-appendicitis claim. Normal ultrasound, documented differential diagnosis, and the anchoring bias allegation rejected.

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.

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).

On Inside Medical Malpractice with Chris Rokosh: medication errors as Never Events, the 10 rights of medication administration, and what they mean in litigation.

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.

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.

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.

The role of legal nurse consultants in medical malpractice cases, from records review to expert identification. From a 2015 Connect MLX seminar.

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.
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