In a medical negligence trial arising from elective refractive eye surgery, the court found the defendant ophthalmologist failed to obtain informed consent and breached the standard of care in performing RK surgeries with an excessively small clear zone, incisions extending into the limbus, and a later astigmatic keratectomy involving intersecting incisions.
The court accepted that these negligent procedures caused progressive corneal instability, irregular astigmatism, scarring, glare, fluctuating vision, and loss of depth perception that prevented the plaintiff from continuing to practise dentistry.
A later cataract surgery was found to meet the standard of care and did not materially contribute to the disability.
The court rejected arguments on mitigation, punitive damages, and deduction of privately purchased disability benefits, and awarded substantial damages including income loss, general damages, special damages, OHIP subrogation, and a Family Law Act award.
