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Lessons from Rathan v. Scheufler 2023 ONSC 3232

Andrea Girones

This post was written by Andrea Girones:

This month Andrea Girones is presenting at the Ontario Trial Lawyers Association  Legal Conference on “Medical Malpractice Trials, Tips and Tricks” for winning these difficult case. In particular she will discuss some of the challenges faced in her successful trial of Rathan v. Scheufler  a decision out of  the Brampton Courthouse by Justice Emery.

The trial was a four month long, highly contested battle between the Girones firm and two different medical malpractice defence law firms in Ontario. Thankfully the Judge ruled in favor of our client young Sankavi Rathan.

Sankavi suffered from a severe and permanent injury to the nerves of her brachial plexus , an condition  known as Erb’s Palsy. This injury was, more likely than not, caused by the delivering physician, and  left her with an arm that could not grasp nor carry items and made every aspect of her life much more difficult. She was awarded a significant judgment for her pain suffering and future care and losses.

You can read the decision here and to speak to our firm about a possible Erb’s palsy or brachial plexus injury, please contact us as soon as possible.

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