The defendant plastic surgeon brought a motion for summary judgment to dismiss a medical negligence and lack of informed consent action arising from an abdominoplasty.
The plaintiff alleged the defendant failed to meet the standard of care and failed to disclose the risk of skin necrosis.
The court granted the defendant's motion, finding no genuine issue for trial as the plaintiff failed to provide expert evidence establishing a breach of the standard of care or causation.
Furthermore, the court used its enhanced fact-finding powers to conclude that the material risks were disclosed and that a reasonable person in the plaintiff's position would have proceeded with the surgery.
