
Why Many Medical Malpractice Cases Are Declined in Ontario
Most medical malpractice consultations in Ontario don’t result in lawsuits. An honest look at the four barriers that shape case evaluation in this province.
Representing Victims of Medical Malpractice Across Ontario
Standard of care is the legal benchmark for the conduct expected of physicians, nurses, and other regulated health professionals in Ontario. It is the first of the three elements a plaintiff must prove in a medical malpractice claim, and it is almost always proven or defended through the evidence of qualified medical experts.
Posts tagged Standard of Care analyze how Ontario courts have applied the test in specific cases, how expert evidence is used to define what a reasonable practitioner would have done in the circumstances, and where the standard is contested between specialties. The library covers obstetrical, emergency, surgical, anesthetic, and primary care decisions, along with appellate rulings that shape how trial courts approach the question.
For patients considering a claim, these case comments offer a sense of what Ontario courts have treated as a departure from the standard of care and what they have not.

Most medical malpractice consultations in Ontario don’t result in lawsuits. An honest look at the four barriers that shape case evaluation in this province.

The Ontario Court of Appeal upheld the trial verdict in Shaw Estate v Handler, affirming the standard of care to recall a patient after critical CT findings.

Ontario midwifery negligence case study: failure to escalate to obstetrical consultation, postpartum hemorrhage, emergency hysterectomy, infertility at 30.

Alberta court awards over $16.5 million to child who suffered quadruple amputation after delayed recognition of bacterial superinfection in pediatric RSV.

Medical malpractice as an intervening act in MVA cases. A Baines v Abounaja analysis from Paul’s 2025 LSO Motor Vehicle Litigation Summit presentation.

BC court dismisses ED malpractice claim involving missed subarachnoid hemorrhage where patient lacked thunderclap headache and the bleed had not yet occurred.

A settlement on behalf of a patient diagnosed with terminal metastatic cancer based on imaging alone, who lived for an extended period under a wrong diagnosis.

Ontario court awards over $1 million to nurse with chronic shoulder injury from improper tetanus injection by family medicine resident at SOC trial.

Ontario mid-trial ruling adopts but-for phrasing for jury causation questions in delayed diagnosis aneurysm case but declines to require jurors to give reasons.

Ontario court dismisses orthopaedic malpractice claim after finding hip replacement subsidence was osteointegration failure, a recognized complication, not negligence.

New Brunswick court holds anesthesiologist negligent in death of 36-year-old patient with severe obesity and sepsis after spinal anesthesia choice and management.

Ontario Superior Court dismisses fatal aortic dissection claim against internist and ED physician. The standards of care for mild aortic dilation and hypertensive chest pain.
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