This is the sixth 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 provides a chronological overview of the evolution of the law on causation in medical malpractice cases in the last quarter-century.

This is the fifth 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, Andrea Donaldson discusses when the interest in public safety overrides physician-patient confidentiality and examines how the “duty to warn” has been approached by the courts over the years.

Ontario’s civil justice reforms are drawing criticism from plaintiff-side medical malpractice lawyers, who warn that proposed changes meant to simplify and expedite litigation could instead be disastrous. The latest issue of the Canadian Lawyer Magazine features Paul McGivern KC, who warns that oral examinations for discovery and limiting document disclosure could handicap patients seeking accountability in complex medical malpractice cases, while offering little efficiency.

This is the fourth 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, Lindsay McGivern and Kate McInnes discuss the legal uncertainties that arise with the increasing use of AI tools in healthcare such as digital scribes for charting, and offer suggestions for how counsel can recognize and address potential AI-related evidentiary challenges.

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.

This is the second article of our series discussing practical and evidentiary issues in medical malpractice. Each article will examine recent medical malpractice case law and focus on practical and evidentiary issues, with the goal of providing 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, Andrea Donaldson reviews cases in which generalists have been held to higher standards than their formal training would suggest, and offers suggestions for counsel to illustrate the required standard of care to the court.