The appellant surgeon appealed a trial judgment finding him negligent in his care and treatment of the respondent patient.
The patient suffered severe complications, including nerve and artery damage, during surgery for Thoracic Outlet Syndrome.
The trial judge found that the surgeon failed to adequately disclose the risks of the surgery and that a reasonable person in the patient's position would not have consented had proper disclosure been made.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings regarding informed consent.
