Caught on Camera: The Impact of Photo and Video Evidence in Surgical Negligence Cases

This is the third article of our series discussing practical and evidentiary issues in medical malpractice. Each article will examine recent medical malpractice case law and focus on the practical and evidentiary issues within them. The goal is to provide some useful insight into the obstacles that occurred in hopes that future cases can adapt and develop new ways to overcome these challenges. In this article, Jessica Kim discusses the challenges of surgical negligence cases and the Ontario case, Szeto v. Kives 2024 ONSC 7258, in which surgical photo evidence was skillfully utilized to overcome the evidentiary gaps of an operative report written by the defendant and undermine opposing expert opinion.