An orthopaedic surgeon appealed a trial judgment finding him liable for failing to obtain informed consent before performing total wrist fusion surgery on a 73-year-old professional golfer.
The trial judge awarded $20,000 in general damages and $40,000 for lost income.
The surgeon argued the trial judge erred in applying the causation test, in finding a duty to warn about regional sympathetic dystrophy (RSD), and in misapprehending expert evidence.
The Court of Appeal dismissed all grounds of appeal, finding the trial judge properly applied the law of informed consent and causation, and that her factual findings were entitled to deference.
