Delayed Diagnosis | 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.

Hudson Chalmers Judges Western Law’s Medical Malpractice Moot Trial

Hudson Chalmers March 4, 2025

On February 25, 2025, Hudson Chalmers volunteered as a judge at Western Law’s Medical Malpractice Moot Trial, organized by Legate Injury Lawyers and the Western Health Law Association. The hypothetical turned on whether an emergency physician met the standard of care in a delayed stroke diagnosis. He reflects on advocacy, expert evidence, and this year’s exceptionally strong students.

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.