Medical Malpractice | Davidson Cahill Morrison LLP

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.

Non-Earner Benefits Denied Because of Medical Malpractice

Paul Cahill December 4, 2024

It is not uncommon for a car accident victim to suffer further harm through medical negligence while being treated for accident-related injuries. In Midak v RSA, the Licence Appeal Tribunal denied non-earner benefits after finding the claimant’s traumatic brain injury arose from a later fall at a pain clinic, not the accident itself. The decision is a useful study in causation and the interplay between malpractice and statutory accident benefits.

Navy Davidson Cahill Morrison LLP title card reading "Filing a Complaint Against an Ontario Doctor," labelled Medical Malpractice Patient Guide, from dcmlaw.ca.

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

Paul Cahill July 20, 2024

In Ontario, a complaint to the College of Physicians and Surgeons (CPSO) and a medical malpractice lawsuit are two separate paths that do different things: one holds a doctor to account, the other seeks compensation. This guide explains how the CPSO complaint process works, what the College can and cannot do, the possible outcomes and your review rights, and how a complaint differs from a claim.

Can I Sue for Medical Malpractice in Ontario?

Paul Cahill May 4, 2024

Anyone can start a medical malpractice lawsuit in Ontario, but very few succeed. Drawing on two decades representing patients against doctors and hospitals, Paul Cahill explains what you have to prove, whether a claim actually punishes the doctor, how long you have to sue, what it costs, what it is worth, and how long it takes.

Medical Malpractice in the Emergency Room: An Ontario Patient’s Guide

Davidson Cahill Morrison LLP February 16, 2024

Emergency departments save lives every day, but a missed diagnosis or a delay in urgent treatment can cause devastating harm. This guide explains when an emergency room error becomes medical malpractice in Ontario, what you have to prove, whether the hospital or the physician is responsible, the deadline to sue, and the steps to take if you suspect something went wrong.