In a medical malpractice action arising from a three-year delay in diagnosing and treating an acoustic neuroma, the moving parties sought partial summary judgment identifying the specific injuries caused by the admitted negligence and dismissing the defence of contributory negligence.
The court held that the expert evidence on causation and the listed injuries was largely uncontroverted and that the injuries could be summarily established without a trial.
Applying the reasonable patient standard, the court also found no evidentiary basis for the allegation that the patient unreasonably missed appointments or delayed follow-up in a manner contributing to her injuries.
Partial summary judgment was granted listing the injuries and dismissing contributory negligence.
