Hander v Kumar: Appeal Court Revives Missed Spinal Fracture Claim and Clarifies the Non-Suit Test
The Saskatchewan Court of Appeal set aside a non-suit in a claim over a missed cervical fracture and epidural hematoma and ordered a new trial. The Court also left open whether a neurosurgeon’s chart note admitting a missed diagnosis is protected by apology legislation. Paul Cahill explains what the decision means for Ontario patients.
September 24, 2026