This was a decision by Regional Senior Justice Daley to deny the physician defendants a hearing for a motion for summary judgment. The case involves complex medical-legal issues, including the question of whether earlier antiviral treatment would have avoided a permanent brain injury to the plaintiff, Maddalena Simms, who was admitted to hospital with a viral infection in her brain. Maddalena’s infection went undiagnosed and untreated for many weeks; she was even admitted to the hospital’s psychiatric ward due to the mistaken belief that she was suffering from a mental disorder when, in fact, she was actually suffering from severe confusion and other symptoms attributable to her brain infection. Justice Daley found that this was not an appropriate case for summary judgment and the case will proceed to trial in the coming year unless it is resolved before then.

Sims v. Zaitlen, 2017 ONSC 2501 – Endorsement

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