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Medical Malpractice

Civil Litigation & Appellate Advocacy

Medical malpractice, or medical negligence, concerns harm caused when care falls below the standard a reasonable practitioner would have met. Establishing a claim requires expert evidence on both the standard of care and causation, and the issues are often technical and specialty specific.

Posts in this category analyze Ontario decisions on standard of care, causation, consent and damages, along with the regulatory and discipline jurisprudence that runs parallel to civil litigation. The aim is to explain what those decisions mean for injured patients and their families, and for the lawyers who represent them.

This commentary is background only. The standard of care in any given case is a question for expert evidence, not for a website.

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Interior of Osgoode Hall

Shaw Estate v. Handler – Court of Appeal Dismisses ER Doctor’s Appeal of Judgment Against Him Relating to Death of 34-Year Old Mother of 4

Paul Cahill December 16, 2025

Elisha Shaw was 34 and a mother of four when she died after being discharged from an emergency department with an undiagnosed internal hernia. After a 12-day trial, the Ontario Superior Court found the emergency physician negligent. In Shaw Estate v Handler, the Court of Appeal for Ontario has now dismissed his appeal and upheld that finding, bringing the family a measure of finality nearly a decade on.

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Traumatic Brain Injury - MRI Results

Non-Earner Benefits Denied Because of Medical Malpractice

Paul Cahill December 4, 2024

It is not uncommon for a car accident victim to subsequently suffer further harm through medical negligence while being treated for accident related injuries. This decision illustrates the importance of understanding the interplay between medical malpractice and statutory accident benefits.

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A photo of a physician with a stethoscope with the title of the blog post

How to Make a Complaint Against a Physician to the College of Physicians and Surgeons of Ontario (CPSO)

Paul Cahill July 20, 2024

When it comes to healthcare, maintaining high standards of professionalism and ethical conduct is of paramount importance. If you or a loved one has experienced substandard care or misconduct by a physician, it is vital to address these concerns to ensure quality medical practice. This guide will provide a comprehensive overview of how to file a complaint against a physician with the College of Physicians and Surgeons of Ontario (CPSO).

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Hospital emergency room

When Seconds Count Protecting Yourself from Medical Malpractice in Emergency Rooms

Davidson Cahill Morrison LLP February 16, 2024

When seconds count, delays in emergency rooms can have dire consequences. Medical malpractice arising from these delays not only affects patients physically but also emotionally and financially. This blog post aims to shed light on the impact of emergency room delays on patients and the healthcare system. It will also provide insights into legal perspectives and offer guidance for those who may have been wronged.

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