Neinstein’s Nicholas Sampson discusses recent appeal decision in Canadian Lawyer Magazine
Neinstein Associate Nicholas Sampson was recently interviewed by Canadian Lawyer Magazine, and shared his thoughts on the application of legal causation in the recent appellate decision Hemmings v. Peng.
The case arose from a severe incident where the plaintiff, a 29-year-old woman, experienced a cardiac arrest during a caesarean section, leading to permanent brain damage. The court’s decision highlights the importance of legal causation, a principle that goes beyond simple factual causation.
In the decision, the Ontario Court of Appeal has reshaped the landscape of medical negligence law by assigning sole liability to a single physician, despite the plaintiff’s initial success at trial involving multiple defendants.
Nicholas emphasizes the significance of this decision, noting that it demonstrates a nuanced interpretation of legal causation that goes beyond merely establishing factual causation.
Read the full article here.