Trial preparation encompasses the work that turns a pleaded case into a case that can be proven in court. In medical malpractice litigation that work is unusually demanding: assembling and organizing voluminous clinical records, retaining and instructing experts on standard of care and causation, preparing the client and witnesses, building examination outlines, and developing a coherent theory of the case that the trier of fact can follow.
Because these cases are expert-driven and document-heavy, the quality of preparation frequently determines the outcome. Effective preparation aligns the expert evidence with the pleaded allegations, anticipates the defence theory, and reduces complex medicine to a clear narrative for a judge or jury. Many of the posts under this tag draw practical lessons from how cases have succeeded or failed at trial.
Posts tagged Trial Preparation analyze the preparation of medical malpractice cases for trial and the practical lessons that emerge from reported decisions.
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.
How Ontario judges gatekeep expert opinion evidence, and what plaintiff counsel can do to clear that bar. From a 2021 MLST panel.
Three episodes on the Inside Medical Malpractice podcast with Chris Rokosh. Paul on the trials of Hacopian, O’Neill-Renouf, and Woods v Jackiewicz.
Paul Cahill on Girao v Cunningham, s. 52 of the Evidence Act, and trial fairness for self-represented litigants. From a May 2020 Law Times feature.
Mass PI advertising, jury perception, and the reputation of the bar. Paul Cahill in a 2020 Canadian Lawyer feature with Richard Parsons.
Expert evidence, defence resourcing, and high-risk ER scenarios shape Ontario medical malpractice cases. From OTLA’s 2020 medical malpractice conference.
Paul Cahill’s June 2019 Lawyer’s Daily article on when to ask for a jury in Ontario medical malpractice cases, drawing on his trial experience and the law on jury notices and appellate deference.
Why expert selection drives outcomes in Ontario medical malpractice cases. Paul Cahill on finding the right expert from an OTLA webinar.
The role of legal nurse consultants in medical malpractice cases, from records review to expert identification. From a 2015 Connect MLX seminar.
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