The defendant ophthalmologist brought a motion for summary judgment to dismiss the plaintiff's medical malpractice action.
The plaintiff alleged that the defendant failed to obtain informed consent for a gold shunt surgery that resulted in a hemorrhage and loss of vision.
The court granted the motion, finding no genuine issue for trial because the plaintiff failed to provide any expert medical evidence to support her claim, relying instead on an inadmissible hearsay affidavit from an articling student.
The defendant's expert evidence established that the standard of care for disclosure was met and that a reasonable person in the plaintiff's circumstances would have consented to the surgery to prevent inevitable blindness.
