The plaintiff/appellant broke his arm when he was five years old and the defendant/respondent was an orthopaedic surgeon whose negligence in the treatment of the plaintiff’s arm resulted in permanent deformity
MedMal Tag Archives
Baines v. Abounaja, 2023 ONSC 2078
Pointing fingers to a non-party an unsuccessful strategy in this important medical malpractice and MVA intersectional case
Cheung v. Samra, 2022 ONCA 195
In this case, the plaintiff was diagnosed with intrauterine growth restriction (IUGR) before birth, and her condition continued to worsen in the weeks prior to her delivery. While she was not suffering notable impairments when she was discharged, two months later she was revealed to have suffered severe brain damage…
McLean v. Wolfson, 2021 ONCA 928
In this case, the Court of Appeal for Ontario issued an important warning about the importance of responding to production orders in a timely manner…
Musllam v. Hamilton General Hospital, 2021 ONSC 91 (CanLII)
The plaintiff brought a contested motion to amend the Statement of Claim to add particulars to the facts that have already been pled, and add two additional defendants. The existing defendant physician also brought a cross-motion to have the action dismissed asserting no genuine cause of action and delay…
Hacopian-Armen Estate v. Mahmoud, 2021 ONCA 545
In this case, the plaintiff died in 2011 of stage IV uterine leiomyosarcoma (“uLMS”), which had metastasized to her lungs. The allegation at the centre of the lawsuit was that her gynecologist failed to perform a routine endometrial biopsy in 2009 and that, if he had, her cancer would have been detected at an early stage such that her death could have been avoided through proper treatment…
