
Gumbley v Vasiliou: Severe Asthma, Delayed Intubation, and a Counterfactual That Worked
An Ontario internist found negligent for delayed intubation and failure to call an intensivist when a young mother’s severe asthma attack turned catastrophic.
Representing Victims of Medical Malpractice Across Ontario

An Ontario internist found negligent for delayed intubation and failure to call an intensivist when a young mother’s severe asthma attack turned catastrophic.

A 17-day birth injury trial. Battery, informed consent, five negligence allegations, and causation all addressed and rejected. A multi-ground defence dismissal.

The Court of Appeal affirmed plaintiff causation in a stroke malpractice case, holding that defendants cannot rely on evidentiary gaps their own negligence created.

The Court of Appeal affirmed a $12 million plaintiff verdict for catastrophic maternal brain injury, rejecting the defence theory of amniotic fluid embolism.

A failed obstetric epidural with a fractured needle did not prove substandard technique. The British Columbia court rejected outcome-based reasoning on both grounds.

The Court of Appeal affirmed the dismissal of a medical negligence claim alleging failure to report child protection concerns. The causation chain failed at multiple links.

A delayed Lyme disease claim against two Ontario physicians dismissed on multiple grounds, including the most fundamental: the plaintiff failed to prove he had Lyme disease.

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.

A widow’s appeal in a death after delayed embolization for a lingual artery pseudoaneurysm. The BC Court of Appeal affirmed dismissal on the standard of care.

A birth injury claim alleging failure to discuss antenatal steroids and resuscitation in a 25-week preterm risk situation was dismissed. The discussion was attempted; the patient declined to engage.

A 27-year-old woman died from a missed cerebellar stroke after an ER discharge. The malpractice claim was dismissed when the plaintiff’s expert evidence unravelled at trial.
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