Dr. Terry Axelrod

The plaintiff, a golf professional, brought a medical malpractice action against the defendant orthopedic surgeon regarding an elective total wrist fusion surgery.

The plaintiff alleged that the defendant failed to obtain informed consent by not disclosing alternative, less drastic surgical options that would have preserved some wrist mobility, which was essential for his livelihood.

The court found that the defendant breached his duty of disclosure by failing to explore the plaintiff's specific needs, inadequately describing the surgery, and failing to discuss viable alternative procedures like a four-corner fusion or proximal row carpectomy.

The court concluded that both the subjective and objective tests for causation were met, as neither the plaintiff nor a reasonable person in his position would have consented to a total wrist fusion if properly informed.

The plaintiff was awarded $20,000 in general damages and $40,000 for past loss of income.

Following a two-week jury trial for damages arising from a motor vehicle collision, the jury awarded the plaintiff $15,000 in general damages for a minor soft tissue strain.

The trial judge was required to determine whether the plaintiff met the statutory threshold under s. 267.5(5) of the Insurance Act.

The court found that while the plaintiff suffered a permanent impairment from a soft tissue injury to his left shoulder, the impairment was neither 'serious' nor 'important' as it did not substantially interfere with his employment or usual activities of daily living.

The plaintiff's claim for general damages was therefore dismissed.