The plaintiff underwent foot surgery by the defendant orthopedic surgeon, who had diagnosed a ganglion cyst.
During surgery, the defendant discovered a nerve tumour (schwannoma) and proceeded to excise it, causing permanent nerve damage to the plaintiff's foot.
The plaintiff sued for negligence, lack of informed consent, and battery.
The court dismissed the negligence claims regarding assessment and diagnosis but found the defendant liable for lack of informed consent and battery, as the material risks of nerve damage were not disclosed and the plaintiff did not consent to the peripheral nerve surgery.
The court awarded $75,112 in damages to the plaintiff and $5,000 to his wife under the Family Law Act.
