On February 25, 2025, it was my pleasure to volunteer as a judge in this year’s Western Law’s Medical Malpractice Moot Trial, organized by Legate Injury Lawyers and the Western Health Law Association.
The moot trial was based on a hypothetical case where an individual presented at the emergency department with symptoms of a stroke. In this hypothetical case, the emergency physician ordered a non-contrast CT scan which was unremarkable. The next day, the individual’s symptoms persisted, and a CT Angiogram was ordered, revealing the stroke. By then, it was too late to initiate treatment to prevent neurological injuries. The only issue in the moot trial was whether the emergency physician met the standard of care when he did not order the CT Angiogram until the next day.
The moot trial involved both the students for the Plaintiff and Defendant making opening submissions, calling an expert witness on the issue of standard of care including examinations in-chief and cross-examinations (expert witnesses were medical students at Western’s Schulich School of Medicine & Dentistry), and closing submissions.
As a judge, I was able to combine my passions of education and trial advocacy. I had the unique opportunity to provide insight to the students on rules of evidence and how to effectively advocate their respective theories of the case. The students that participated in this year’s moot were exceptionally strong, and it was exciting to see how enthusiastic these students are in the field of medical malpractice litigation.
