Dr. Arnis Freiberg

The appellant physician appealed decisions of the Discipline Committee of the College of Physicians and Surgeons finding her guilty of professional misconduct and incompetence following the death of a patient who underwent high-volume liposuction.

The Committee found she breached standards of practice regarding extraction volumes, informed consent, and post-operative care, and that her website advertising violated regulations banning testimonials and superlatives.

The Divisional Court dismissed the appeal, upholding the Committee's findings on the standard of practice, its evidentiary rulings, and its conclusion that the advertising ban was a justified limit on freedom of expression under s. 1 of the Charter.

The penalty restricting her practice to acting as a surgical assistant in a hospital was also upheld as reasonable.

The plaintiff developed a lesion on her foot and was referred by her family doctor to a dermatologist, who then referred her to a plastic surgeon.

The lesion was eventually excised and diagnosed as a malignant melanoma, resulting in severe health consequences.

The plaintiff sued both specialists for medical negligence.

The Superior Court of Justice found both defendants liable.

The dermatologist breached the standard of care by failing to adequately communicate his findings and the urgency of the situation in his referral note.

The plastic surgeon breached the standard of care by failing to urgently excise the lesion despite observing signs of a possible melanoma.

The court concluded that their combined negligence materially contributed to the delayed diagnosis and the plaintiff's resulting damages.