The plaintiff underwent bariatric surgery performed by the defendant.
The defendant took down a prior fundoplication without the plaintiff's informed consent, causing severe acid reflux that ultimately required the removal of the plaintiff's stomach.
The court found the defendant breached the standard of care by performing a contraindicated surgery without adequate experience and without obtaining informed consent.
The limitation period defence failed as the plaintiff only discovered the cause of her injuries later.
The court awarded general damages and Family Law Act damages to the plaintiffs.
