Medical Malpractice Lawyer Paul Cahill Wins Three Trials in Less Than a Year

Medical malpractice litigation in Canada could be considered one of the most challenging areas of law for patients who have been injured or have died because of medical negligence.

The Canadian Medical Protective Association (“CMPA”) is the organization that defends and indemnifies physicians who have been sued for malpractice. Every year, the CMPA releases an Annual Report to the public, which includes statistics on the relative success rate for Plaintiffs who sue doctors in Canada. The numbers are very discouraging for people who find themselves in Court against a physician.

In 2019, the CMPA recorded that of the 52 cases that went to trial across Canada against physicians, only 5 cases were decided in favour of the patient. This represents a success rate of just under 10%.

Statistics from earlier years show the same trend of physicians most often winning when cases go to Court against them.

(via CMPA 2019 Annual Report, p. 9)

Defying the odds, medical malpractice lawyer and Will Davidson LLP Partner Paul Cahill recently secured 3 consecutive medical malpractice trial victories on behalf of his clients:

  • March/April 2019: Woods v. Jackiewicz: 3-week jury trial in Kitchener, Ontario resulting in an $11.5 million judgment against an obstetrician for negligence in managing a twin pregnancy that resulted in one baby developing severe cerebral palsy and a lifetime of disability.
  • May 2019: O’Neill-Renouf v. Ibrahim: 2-week trial in Toronto against a urologist for surgical negligence during a transvaginal tape insertion causing permanent nerve damage and disability for the patient.
  • January 2020: Hacopian Estate v. Dr. Mahmoud: 2-week trial in Toronto against a gynecologist for failing to perform an endometrial biopsy on a woman with abnormal bleeding that if done would have diagnosed her with cancer at an earlier stage. In the end, the patient died of advanced cancer that would have been treated earlier but for the negligence of the physician.

Based on the 2019 statistics published by the CMPA, the likelihood of a lawyer winning a single case against a physician is about 10%. To win two cases in a row would only be 1%. To win three cases in a row would be only 0.1%.

Will Davidson LLP would like to congratulate Paul Cahill for litigating these three cases in less than a year, and against all odds, securing trial victories for each of his clients in these matters.

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