The appellant doctor appealed a trial judgment finding him liable in medical malpractice for failing to detect a lump on the respondent's testicle or advise him of the potential seriousness of his condition.
The appellant argued the trial judge erred by ignoring a respectable body of medical opinion that supported not alarming the patient.
The Court of Appeal dismissed the appeal, finding that the trial judge did not choose between competing opinions on the standard of care for a family practitioner, as the appellant's expert was a urologist.
The Court upheld the finding that the appellant was negligent in failing to detect the lump or impress upon the patient the need for further examination.
