Jill McCartney

Jill is a lawyer at Siskinds LLP, specializing in health law. She represents injured clients in medical negligence cases, as well as complex pharmaceutical and medical device class actions. She has appeared before the Ontario Superior Court of Justice, Divisional Court, Court of Appeal, and Consent and Capacity Board. She has acted as counsel on several complex medical negligence trials.

Jill recently completed a Masters of Science degree with the University of Toronto, Faculty of Medicine, Institute of Health Policy, Management, and Evaluation. Her graduate thesis was titled "Disclosure of Safety Incidents Involving Pediatric Patients: A Review of Federal, Provincial, and Territorial Legislation and Relevant Policies of Health Care Organizations Providing Care to Pediatric Patients".

Thank you so much for caring
I am certainly grateful for Jill McCartney and Madeline McKinnon for all the time they spent on the class action for my and many others issue. People like me do not understand all the legal procedures and get impatient but the team was there to answer any questions or concerns no matter how many times I called or e-mailed and encouraged me to do so. In the end Jill made sure I totally understood the decisions.  Thank you so much for caring. Would recommend this firm anytime. - F.A.

Thank you for everything
Finally stopping by to say thank you for everything! I had the honor of having Jill McCartney work my case, amazing person to work with she is very nice, explains things very thoroughly. No complaints. - K.W.

Law Society of Ontario, Member
The Advocates’ Society, Member
The Advocates’ Society, London Court House Series, Co-Chair
Middlesex Law Association, Member
Medico-Legal Society of Toronto, Member
American Association for Justice, Member

Jill McCartney has been selected by her peers for inclusion in The Best Lawyers™ in Canada in 2021 to 2024.

• Boyd et al. v. Edington et al., 2014 ONSC 1130 (SCJ)
  Trial decision awarding damages to the plaintiff for an emergency room physician’s failure to recognize the possibility of a stroke, his decision to reduce blood pressure, and his failure to consult with a specialist after his initial assessment. The Trial Judge held that but for these failures the plaintiff would not have suffered a debilitating stroke.
• Medical Malpractice Trial Award for Failure to Obtain Informed Consent and Injuries from Delayed Diagnosis of Ureteric Injury
  Damages awarded to plaintiff for failure to obtain informed consent to laparoscopic hysterectomy procedure and injuries from delay in diagnosing ureteric injury sustained during the procedure at the Ontario Superior Court of Justice.
• Medical Malpractice Trial Motion Regarding Number of Experts
  Successfully opposed trial motion of the defence to request leave to call more than three expert witnesses in complex case relating to the recognition and management of neurological symptoms in the plaintiff who was suffering a stroke which ultimately resulted in quadriplegia.
• Obstetrical Malpractice – Pediatric Malpractice – Brain Tumour – Delayed Diagnosis
  Represented a child who suffered a complex brain injury following a delay in diagnosis and treatment of a brain tumour.
• Obstetrical Malpractice – Oxytocin – Bradycardia – Cerebral Palsy
  Resolved case for a child with cerebral palsy due to prolonged oxygen deprivation causing hypoxic brain injury. Standard of care issues related to inappropriate commencement, and continuation, of intravenous oxytocin coupled with failures to recognize and manage prolonged bradycardia in the second stage of labour.
• Obstetrical Malpractice – Biophysical Profiles – NST – Hypoxic Encephalopathy - Cerebral Palsy
  Resolved case for a child with cerebral palsy due to prolonged oxygen deprivation causing hypoxic brain injury.
• Jurisdiction Challenge Motion of Medical Researchers Dismissed
  Responded to a motion challenging jurisdiction of the Ontario Courts over American researchers conducting pediatric oncology trials throughout North America.
• Medical Malpractice Trial Award for Injuries from Delayed Diagnosis of Intra-Abdominal Bleeding Upheld at Court of Appeal
  Represented an adult with extensive bowel injuries sustained as a result of failure to recognize and investigate signs of intra-abdominal bleeding following a colonoscopy procedure at the Ontario Superior Court of Justice and Ontario Court of Appeal.
• Defence Motion for Security for Costs Dismissed
  Responded to a motion for security for costs brought by Ontario physician in medical malpractice case relating to the treatment of a corneal ulcer in an American patient.
• Medical Malpractice – Neurological Deficits – Delayed Diagnosis of Abscess - Spinal Cord Injury
  Resolved case for an adult who sustained a complex spinal cord injury as a result of the delay in diagnosis and treatment of a spinal epidural abscess.

Author, M.Sc. Thesis "Disclosure of Safety Incidents Involving Pediatric Patients: A Review of Federal, Provincial, and Territorial Legislation and Related Policies of Health Care Organizations Providing Care to Pediatric Patients." July 2013

Fall 2020 - Adjunct Professor – Western University Law School – Civil Procedure
Western University Health Sciences Research Board, Board Member

Siskinds’ Medical Malpractice Team’s recent successful trial decision was featured in the National Post and CTV News. This trial decision awarded significant damages to the plaintiff for an emergency room physician’s failure to recognize the possibility of a stroke, his decision to reduce blood pressure, and his failure to consult with a specialist after his initial assessment. The Trial Judge held that but for these failures the plaintiff would not have suffered a debilitating stroke.

• Neurological imaging to prove brain injury in medical negligence litigation
• Health Canada releases updated warnings about Elmiron related vision loss
• Avis Favaro of CTV News Interviews Jill McCartney of Siskinds LLP regarding Zofran Class Action
• Withdrawal of Life Support: What does the Cuthbertson and Rubenfeld v. Rasouli decision mean for patients and families?
• An Introduction to Medical Malpractice: Do I have a case?