The appellant physician appealed a trial judgment finding him 25% liable for negligence in failing to timely diagnose a newborn with phenylketonuria (PKU).
The infant had two borderline elevated screening tests, and the appellant ordered a third screening test rather than a diagnostic quantitative test.
The appellant argued the trial judge erred by failing to apply the 'respectable minority principle' from ter Neuzen, asserting his decision was supported by expert evidence.
The Court of Appeal dismissed the appeal, holding that the trial judge properly weighed the conflicting expert evidence, found the defence expert's opinion unreliable, and correctly concluded the standard of care required a diagnostic test.
