Loss of Chance

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Case comment on Tripp v Ross, 2025 MBCA 25 (Manitoba Court of Appeal), defendant appellate win affirming dismissal of delayed colon cancer diagnosis claim. On the Benhaim framework for adverse inferences of causation, the evidentiary bridge requirement for statistical evidence, and the below-50-percent loss-of-chance distinction. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Tripp v Ross (MBCA): Delayed Colon Cancer Diagnosis and the Benhaim Causation Framework

Manitoba Court of Appeal affirms dismissal of delayed colon cancer diagnosis claim. The Benhaim framework on adverse inferences and statistical evidence in causation.

April 9, 2025

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

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Loss of Chance

Tripp v Ross (MBCA): Delayed Colon Cancer Diagnosis and the Benhaim Causation Framework

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

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Concerned about medical negligence? Talk to Paul directly.

Concerned about medical negligence?
Talk to Paul directly.