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Drs. Dvali, Haykal, Mark, Chang and the CMPA in defending a medical negligence

Date Closed

September 14, 2022

Lead Office


On September 14, 2022, Justice Christie came back with a ruling on summary judgment motions that the action against Dr. Patrick Mark, Dr. Alvin Chang, Dr. Linda Dvali and Dr. Siba Haykal is dismissed and this action is now at an end. 

The Plaintiffs commenced this action against various physicians, nurses and a hospital alleging that the Defendants were negligent in the medical care provided to Mr. Gayadeen after he suffered life-altering injuries in a snowmobile collision. Specifically, the Plaintiffs allege that the surgery performed in June 2016 to attempt to restore some function to his left arm, a surgery that occurred six months post collision, resulted in damage to the radial nerve. The Plaintiffs also allege that Dr. Dvali, the surgeon, failed to properly obtain Mr. Gayadeen’s informed consent prior to performing surgery.

McCarthy Tétrault LLP advised the CMPA and Drs. Dvali, Haykal, Mark and Chang  with a team led by Andrew Kalamut that includes Erich Schultze and Janet Jones (Litigation).