New case from Ontario restates rules of pleading medical malpractice

In the recent decision of Kameteros v. Women’s College Hospital, 2021 ONSC 7326, the Ontario Superior Court of Justice provided a reminder that medical malpractice lawyers, and those who have been harmed by a medical error, must ensure their Statement of Claim conforms to the applicable rules of court and the law.

When someone is harmed by the negligence of a physician, nurse, or other medical professional, they should contact an experienced medical malpractice lawyer, who will usually file a Statement of Claim. This is a document filed with the court describing the nature of the claim and the ways in which medical negligence caused harm. The Statement of Claim will also include a claim for damages to compensate for the alleged medical malpractice.

This recent case features portions of a Statement of Claim that were struck by the Court in advance of trial because they did not comply with applicable rules and laws. When this happens, a plaintiff in a medical malpractice case cannot advance the claims that were struck when the case moves toward trial.

Medical malpractice cases are challenging to advance and require the services of an experienced medical malpractice lawyer. If you would like to discuss your medical negligence claim, Wagners medical malpractice lawyers offer free consultations, whether by phone, videoconference, or in-person.

Back to News & Insights