Neinstein obtains positive verdict for Milton man in medical malpractice case

Full Story: Mr. Syed Hasan of Milton, Ontario, sought assistance from Neinstein in 2019 to pursue a medical malpractice case. In 2011, Syed, then a chartered accountant in his late 30s, began experiencing troubling health symptoms. After a diagnosis of vertigo at Milton Hospital, he returned home, only to feel worse. His family doctor suspected a stroke and referred him to Trillium Hospital, a facility known for its stroke care, asking for stroke to be ruled out. Unfortunately, the E.R. doctor on duty did not see the referral note. Syed was given a CT scan, which came back clear. Exhibiting facial paralysis, he was misdiagnosed with Bell’s Palsy and vertigo, and was sent home without proper treatment.

Later that morning, his condition had worsened still, and his family called an ambulance, but by the time he was seen again, he was in a coma. The E.R. doctor had overlooked a critical diagnosis of vertebral artery dissection, which could have been treated. The result was lasting damage. Today, Syed struggles to articulate words and cannot work, though his mental faculties remain intact.

A pivotal part of our strategy was effectively translating medical terminology into clear language for the judge, making a vast matrix of complex issues more comprehensible. After successfully bringing the case to trial, we achieved a positive verdict eight months later, with agreed damages of $7.8 million. We are so pleased to have brought Syed and the entire Hasan family a sense of justice and closure.

Trial:
https://www.canlii.org/en/on/onsc/doc/2022/2022onsc3988/2022onsc3988.html

Appeal:
https://www.canlii.org/en/on/onca/doc/2024/2024onca586/2024onca586.html