The appellant suffered a bowel leak after surgery and developed septic shock.
He sued the hospital and a nurse for delayed diagnosis and treatment, alleging nursing negligence and medication errors.
The trial judge dismissed the action, finding no breach of the standard of care and that the appellant failed to prove causation, as his injuries were inevitable due to the onset of the sepsis cascade before the alleged negligence occurred.
The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the trial judge's assessment of the evidence or application of the 'but for' causation test.
