The appellant plastic surgeon appealed a trial judgment finding her liable for medical negligence based on a lack of informed consent.
The respondent underwent breast reconstruction surgery and suffered severe delayed wound healing.
The trial judge found that while the appellant met the standard of care in performing the surgery, she failed to adequately disclose the likelihood and consequences of delayed wound healing given the respondent's specific risk factors (obesity, smoking, and previous abdominal scarring).
The Court of Appeal upheld the trial judge's findings, concluding that the trial judge correctly applied the law of informed consent and the modified objective test for causation, finding that a reasonable person in the respondent's circumstances would not have proceeded with the surgery had adequate disclosure been made.
