Posts tagged Plaintiff Win analyze Ontario medical malpractice cases in which the trial judge or jury found in favour of the patient or their family. Plaintiff wins are the minority outcome in this area of practice. Medical malpractice trials are evidence-intensive, expert-driven, and procedurally demanding, and defendants benefit from the structural advantages of well-resourced insurers, sophisticated counsel, and a high evidentiary burden on the plaintiff to prove standard of care, causation, and damages.
When plaintiffs do succeed, the decisions are worth careful study. They reveal what kinds of expert evidence persuaded the court, how the standard of care was defined for a particular specialty in a particular fact pattern, how causation was bridged between the clinical breach and the injury, and how damages were quantified. Plaintiff wins also show how appellate courts have intervened or declined to intervene when defendants have appealed.
Posts under this tag include both first-instance findings of liability and appellate decisions affirming or overturning lower-court outcomes. Each post identifies the clinical context, the issue or issues on which the case turned, and the practical implications for similar future claims.
A young man developed paraplegia from an undiagnosed spinal dural fistula his neurologist failed to investigate. A jury awarded $1.5M; the Court of Appeal affirmed.
An Ontario orthopaedic surgeon was found liable after removing clavicle hardware six weeks early without revisiting his own documented treatment plan.
The Ontario Court of Appeal upheld Paul Cahill’s trial verdict in Hacopian-Armen Estate v Mahmoud, clarifying the foreseeability test in delayed cancer cases.
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 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.
Paul Cahill won an $11.5 million jury verdict against an obstetrician whose failure to refer to a perinatologist caused a catastrophic cerebral palsy birth injury.
Paul Cahill settled a wrongful death claim against a family physician who failed to provide the HCC surveillance that hepatitis B carriers require.
Paul Cahill settled a laboratory negligence claim where a failure to properly test tuberculosis susceptibilities led to vertebral collapse and spinal surgery.
Paul Cahill settled a surgical negligence claim where ankle fracture surgery proceeded before the patient’s anticoagulation was properly reversed.
Paul Cahill settled a wrongful death claim after hospital staff failed to connect oxygen tubing to a patient’s CPAP machine, leading to cardiac arrest.
Paul Cahill settled a medical malpractice claim involving permanent vestibular damage from unmonitored outpatient gentamicin therapy.
Paul Cahill settled a wrongful death claim involving a misplaced breathing tube and a delayed anesthesiology response in the emergency room.
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