The plaintiff underwent a laparoscopic hysterectomy performed by the defendant gynaecologist, during which her colon was perforated, requiring subsequent reconstructive surgery.
The plaintiff brought a medical malpractice action alleging the defendant failed to obtain informed consent, failed to review prior operative reports, lacked the skill to perform the surgery given her anatomy, and negligently caused the perforation.
The court dismissed the action, finding the defendant met the standard of care in his pre-operative advice and surgical technique, and that the bowel injury was a known complication likely caused by abnormal anatomy rather than negligence.
