Case card

SCC clarifies causation in medical negligence claims

In Hemmings v. Padmore, 2026 SCC 34, the Supreme Court dismissed competing appeals and clarified why negligent treatment alone doesn't establish liability for an injury.

The Supreme Court of Canada has dismissed both appeals in Hemmings v. Padmore, 2026 SCC 34. A patient suffered permanent brain damage following complications during an emergency caesarean section. The result leaves the anesthesiologist liable, while the claims against the obstetrician and hospital weren't restored.

The Court's October 23 Case in Brief distinguishes evidence that a particular act caused an injury from the separate question of whether the resulting harm was reasonably foreseeable. Those are different inquiries, even when the seriousness of the injury is beyond dispute. For insurers and defence counsel, the distinction matters when testing expert opinions and deciding what evidence is needed to establish the causal sequence. The court summary identifies the result and competing opinions, but the full reasons remain authoritative for detailed legal analysis.

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