The appellants appealed a summary judgment dismissing their medical malpractice action against a doctor and hospital.
The action arose from a delayed diagnosis of testicular torsion, resulting in the removal of the affected testicle.
The motion judge found that even if the doctor had properly diagnosed the condition when he first saw the patient, there was at most a 10 per cent chance of saving the testicle.
The Court of Appeal upheld the motion judge's conclusion that the 'but for' test for causation was not met and dismissed the appeal.
