The appellants appealed the dismissal of their medical malpractice action arising from the death of the patient due to a pulmonary embolism following arthroscopic knee surgery.
The appellants argued the respondent orthopaedic surgeon was negligent in failing to warn the patient about the symptoms of a pulmonary embolism upon discharge.
The trial judge found the respondent met the standard of care, as the patient was not at a heightened risk of a pulmonary embolism at the time of discharge.
The Court of Appeal (majority) dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment of the evidence and application of the standard of care.
