By Julius Melnitzer | April 9, 2024
This article was created in partnership with Bogoroch & Associates
The recent $3 million costs award following an $8.5 million judgment in Denman v. Radovanovic confirms Ontario Superior Court judges’ continuing acknowledgment of the risks and costs associated with prosecuting a medical malpractice case.
“These cases are extremely expensive to advance with no guaranteed results for plaintiffs’ firms who litigate them on a contingency basis,” says Ryan Marinacci of Toronto-based Bogoroch & Associates LLP, a boutique medical malpractice and personal injury firm not involved in the case. “And the award in Denman also demonstrates that the court may take into account defence conduct in awarding costs.”
Justice Jane Ferguson’s award was twice the amount of $1.5 million submitted by the defendants as appropriate and precisely in the range of $3 million to $3.5 million sought by the plaintiffs. READ MORE . . .
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.
RELATED ARTICLES
Ontario Superior Court acknowledges the risks and obstacles facing the medical malpractice bar
Case selection difficult ‘particularly with respect to role of causation in establishing liability’
Jury providing particulars of findings in med mal cases remains controversial
Judges as gatekeepers of expert evidence
Confusion continues about causation test in medical malpractice cases
