
Hospital Falls in Ontario: When Negligence Causes Serious Injury
Most hospital falls are not negligent. Some are. A practical guide to when a fall in hospital becomes a legal claim, and what patients should do next.
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 hospital falls are not negligent. Some are. A practical guide to when a fall in hospital becomes a legal claim, and what patients should do next.

A missed diagnosis of compartment syndrome cost a patient her leg. The trial judge found the ER physician breached the standard of care.

Most bad outcomes in medicine are not malpractice. After two decades of these cases in Ontario, here are the signs worth taking seriously.

The essential evidence required to prove a medical malpractice claim in Ontario. From a 2023 guest lecture at the University of Windsor Faculty of Law.

Reflections on two medical malpractice trials in post-COVID Ontario, one jury and one judge-alone. From Gluckstein’s 2022 Risky Business CLE.

On Inside Medical Malpractice with Chris Rokosh: medication errors as Never Events, the 10 rights of medication administration, and what they mean in litigation.

A settlement involving a 65-year-old man whose ankle fracture went 40 days without orthopedic follow-up, leading to joint infection and below-knee amputation.

Where literature, medicine, and the law intersect at a medical malpractice trial in Ontario. From a 2022 OTLA medical malpractice conference panel.

Paul as guest on Justice in Pieces, the legal education YouTube series with John-Paul Rodrigues. On the realities of plaintiff-side medical malpractice practice.

Why screening medical malpractice cases matters at intake, and what to recommend patients when civil litigation is not economical. From a 2021 CLE panel.

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.

How Ontario judges gatekeep expert opinion evidence, and what plaintiff counsel can do to clear that bar. From a 2021 MLST panel.
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