The plaintiff sued the defendant general surgeon for medical malpractice following a laparoscopy assisted vaginal hysterectomy during which her left ureter was transected.
The court found that while the defendant was qualified to perform the surgery and did not breach the standard of care in its execution, he was liable for battery as he failed to obtain informed consent regarding the specific risk of ureter damage.
Furthermore, the defendant breached the standard of care by negligently delaying the diagnosis of the complication, failing to order a CT scan despite clear symptoms and recommendations from colleagues.
The plaintiff was awarded damages for pain and suffering, past and future income loss, and OHIP's subrogated claim.
