The appellant appealed the dismissal of her negligence claim based on lack of informed consent following a laparoscopically assisted vaginal hysterectomy performed by the respondent surgeon, during which the appellant's left ureter was transected.
The respondent cross-appealed the trial judge's finding of negligence in post-operative care.
The Court of Appeal dismissed the appeal on informed consent, finding the trial judge properly applied the modified objective test and reasonably concluded that a reasonable person in the appellant's circumstances would have proceeded with surgery despite the risks.
The Court allowed the cross-appeal, finding the trial judge's conclusion that the respondent breached the standard of care in post-operative management was not supported by the expert evidence, as the experts acknowledged that declining to order a CT scan on July 7, 2008 was a reasonable decision within the standard of care.
