Dr. Brian Kashin

Thelma Rycroft died of septic shock after a gastroscopy performed by Dr. Dean Chen.

Her spouse and son brought an action for negligence, alleging inadequate pre-operative preparation and negligent continuation of the procedure despite retained food in her stomach, leading to aspiration pneumonia.

The court found Dr. Chen liable for breaching the standard of care by failing to instruct Mrs. Rycroft on an extended clear liquid diet and by proceeding with the gastroscopy after encountering food and liquid in her stomach.

The court concluded that Dr. Chen's negligence caused Mrs. Rycroft's death and awarded damages to her spouse and son under the Family Law Act, along with OHIP's subrogated claim.