The appellant appealed the summary dismissal of a medical malpractice action arising from the death of his common law spouse from terminal brain cancer.
The appellant alleged that the defendant physicians breached the standard of care by terminating the drug dexamethasone without tapering and by failing to obtain informed consent.
The motion judge dismissed the action after finding that the appellant's expert evidence was insufficient to establish a genuine issue requiring trial.
The Court of Appeal upheld the dismissal, finding that the appellant failed to provide qualified expert evidence on standard of care and causation, and that the evidence supported informed consent had been obtained.
