The appellant doctor appealed a trial judgment finding him liable for a surgical burn suffered during routine electrocautery surgery and awarding general and special damages.
The Court of Appeal unanimously upheld the trial judge’s liability findings, holding there was evidence supporting the conclusion that pooled alcohol-based prepping solution ignited during the procedure and that the doctor breached the standard of care.
The court divided on discoverability under s. 17 of the Health Disciplines Act, but the majority held the respondent knew enough material facts immediately after the surgery to allege negligence against the surgeon and hospital without awaiting an expert opinion.
The appeal was therefore allowed and the action dismissed as statute barred.
