Dr. Lloyd Smith

The plaintiff underwent an incisional hernia repair surgery performed by the defendant general surgeon.

Following the surgery, the plaintiff developed a bowel leak requiring emergency repair and subsequent treatment for a fistula and wound infections.

The plaintiff brought a medical malpractice action alleging the surgeon breached the standard of care by failing to order bowel preparation, failing to 'run the bowel', and improperly repairing the bowel perforation.

The court dismissed the action, preferring the evidence of the defendant's expert witness and finding that the surgeon's conduct met the standard of care in all respects.

The court also found that causation was not established.

The plaintiffs' medical negligence action against the defendant physician settled for $400,000 in damages prior to trial, and the parties settled liability on the morning of the trial.

The parties could not agree on costs.

The plaintiffs sought over $264,000 in costs and disbursements, arguing the defendant unreasonably delayed settlement.

The court rejected the argument for elevated costs to sanction the defendant, noting the case involved competing expert opinions.

Applying the principle of proportionality, the court reduced the plaintiffs' claimed fees and significantly reduced an expert witness's disbursement, fixing total costs at $125,000 for fees and $45,000 for disbursements.