The plaintiff attended the emergency department with symptoms of dizziness, nausea, and facial weakness, and a referral note from his family doctor requesting to rule out a stroke.
The defendant emergency physician diagnosed peripheral vertigo and Bell's Palsy, and discharged the plaintiff without conducting a gait assessment or consulting a neurologist.
The plaintiff returned the next day with a severe basilar artery occlusion, resulting in catastrophic long-term disabilities.
The court found the defendant breached the standard of care and that, but for this breach, the plaintiff would have received timely recanalization treatment with a successful outcome.
The defendant's request for a 25% discount on the agreed damages was dismissed.
