The respondent patient suffered a bowel obstruction caused by a volvulus, resulting in the loss of five feet of her small intestine.
The trial judge found the appellant surgeon breached the standard of care by delaying surgery and that this delay caused the loss of the bowel.
On appeal, the Court of Appeal upheld the finding of a breach of the standard of care but allowed the appeal on causation.
The Court found there was no medical or other evidentiary basis to conclude that, but for the delay in operating, the section of the bowel would likely have been saved.
The judgment was set aside and the claim dismissed.
