Medical Experts And Their Duty To The Court

A Cautionary Tale For the Role of Expert Evidence at Trial

In an important medical malpractice trial in 2022, a Judge of the Ontario Superior Court has found two doctors liable for the amputation of the plaintiff's leg after complications from a fall. In deciding for the plaintiffs, Madam Justice Vermette largely rejected the testimony of two experts who testified for the defendant doctors. Successful plaintiffs' counsel were lawyer Ryan Breedon of Breedon Litigation, and David Lackman and Jessica Golosky of Gluckstein Lawyers.

Regarding the evidence of defence emergency medicine expert Dr. David Boushy, the trial judge found that his testimory amounted to splitting hairs, he gave inconsistent answers, and he the judge was astonished by his testimony. Notably, the trial judge adopted the argument made by plaintiffs' counsel that Dr. Boushy refused "to make obvious concessions" and had "taken on the role of advocate".