On November 29, 2025, medical malpractice lawyer Hudson Chalmers, of Davidson Cahill Morrison LLP, volunteered as a trial judge at the 8th Annual University of Toronto Mock Trial Cup.
The hypothetical case involved a 13-year-old boy who attended an emergency department with a history of headaches and blurry vision. He was seen by an emergency room physician who ordered a comprehensive diagnostic blood test. It took 2.5-hours to get the results from the comprehensive diagnostic blood test, which revealed elevated platelets and glucose in the patient’s blood. By the time the results were available, the patient had an ischemic stroke while waiting in the waiting room. Had these results been available earlier, there was an opportunity to initiate treatment to manage the elevated platelets and glucose, to potentially prevent the stroke.
The mock trial dealt with issues of standard of care and causation. Standard of care turned on whether there was a breach of the standard of care in the 2.5-hour delay in getting the results, when these results are ordinarily available within 30-45 minutes. For causation, the question was whether treatment for elevated platelets and glucose could have been initiated and prevented the stroke, had the comprehensive diagnostic blood test results been available sooner.
The mock trial participants did an excellent job conducting the mock trial, including making opening and closing submissions, introducing exhibits into evidence, and conducting examinations in chief and cross-examinations. For Hudson, it was fun to see how many students are interested in trial advocacy and medical malpractice litigation, and to provide feedback and information to students on this complex area of litigation.
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