Dr. Mark Levin

The appellant appealed the summary dismissal of a medical malpractice action arising from the death of his common law spouse from terminal brain cancer.

The appellant alleged that the defendant physicians breached the standard of care by terminating the drug dexamethasone without tapering and by failing to obtain informed consent.

The motion judge dismissed the action after finding that the appellant's expert evidence was insufficient to establish a genuine issue requiring trial.

The Court of Appeal upheld the dismissal, finding that the appellant failed to provide qualified expert evidence on standard of care and causation, and that the evidence supported informed consent had been obtained.

The plaintiff brought a medical malpractice claim against several physician and hospital defendants following the death of his common-law spouse from aggressive brain cancer.

The defendants moved for summary judgment, arguing a lack of expert evidence to establish professional negligence and causation, and that the duty to obtain informed consent rested with the physicians, not the hospital pharmacies.

The court granted summary judgment, dismissing the action, finding no genuine issue requiring a trial as the plaintiff's expert evidence was insufficient and causation was not established.