The appellants appealed a Master's order granting summary judgment and dismissing their medical malpractice action.
The action arose from the death of the appellant's wife following delayed surgical intervention for a ruptured aortic valve.
The Divisional Court upheld the Master's decision, finding that while the appellants presented some expert evidence of a lost chance of survival, they failed to provide evidence establishing on a balance of probabilities that the death would have been avoided with prompt surgery.
The appeal was dismissed.