The appellant appealed a jury verdict in a medical malpractice action, arguing the trial judge erred in his instructions on informed consent and the use of a doctor's post-surgery opinion.
The Court of Appeal dismissed the appeal, finding the trial judge correctly instructed the jury on the modified objective test for informed consent, which considers whether a reasonable person in the appellant's position would have refused the procedure.
The court also found no error in the instructions regarding the post-surgery opinion evidence.
The appeal was dismissed with costs fixed at $15,000.
