ONTARIO

SUPERIOR COURT OF JUSTICE

DATE: 20120106

DOCKET: 04-CV-272449 CM2

BETWEEN:

STEPHEN MICHAEL SOZONCHUK, MARGARET RACHEL MOSER, MIKELINA NAOMI MOSER SOZONCHUK, ELIZABETH ANNE SOZONCHUK
Plaintiffs

– and –

CAROL POLYCH, UNIVERSITY HEALTH NETWORK c.o.b. AS TORONTO WESTERN HOSPITAL, ONTARIO BEST NURSING AGENCY LTD.
Defendants

John Morris and Ira Parghi, for the Defendant University Health Network

Deborah Berlach, for the Defendants Carol Polych and Ontario Best Nursing Agency Ltd.

HEARD: January 24, 25, 26, 27, 28, 31, February 1, 2, 4, 7, 8, 9 and 28, 2011.

L. A. Pattillo J. :

Introduction

[1] On October 17, 2003, Stephen Sozonchuk, a previously healthy 47 year old, suffered a significant stroke while in the Toronto Western Hospital (the “Hospital”) recovering from surgery 12 days earlier for a cerebral haemorrhage caused by a ruptured brain aneurysm. As a result of these events, Mr Sozenchuk suffered neurological injury which in turn has left him with significant functional limitations.

[2] Mr. Sozonchuk and his family commenced two legal actions concerning the events of October 2003. The first was against the Hospital, Ms. Carol Polych and Ontario Best Nursing Agency Ltd. (“OBNA”). Ms. Polych was Mr. Sozenchuk’s primary care nurse at the Hospital during the day shift on October 17, 2003, and OBNA was her employer. The second action was commenced against the doctors who treated Mr. Sozonchuk. The actions claimed damages for negligence in respect of his care at the Hospital and specifically on October 17, 2003.

[3] On the eve of trial, the Hospital settled the Sozonchuks’ claims. Both of the Plaintiffs’ actions have been dismissed against all the defendants. Shortly thereafter, Nurse Polych and OBNA settled their third party action against the doctors. What remains to be decided is the Hospital’s cross-claim in the first action against Nurse Polych and OBNA for contribution pursuant to s. 2 of the Negligence Act, R.S.O. 1990, c.N.1.

[4] The Hospital submits that Mr. Sozonchuk’s damages were caused in whole or in part by Nurse Polych’s negligence in her care of him on October 17, 2003 for which OBNA, as her employer, is vicariously liable. Nurse Polych and OBNA deny that she breached the applicable standard of care in caring for Mr. Sozonchuk. They submit that the Hospital was negligent in the care of Mr. Sozonchuk. In the alternative, they submit that even if Nurse Polych did breach the standard of care, the breach did not cause or contribute to any damage suffered by Mr. Sozonchuk.

[5] The issues in the cross-claim therefore concern whether Nurse Polych and/or the Hospital breached their duty of care to Mr. Sozonchuk on October 17, 2003 and, if so, whether such breach or breaches caused or contributed to his resulting disability.

General Background

(i) Mr. Sozonchuk

[6] Mr. Sozonchuk is married and has two daughters. He is a teacher and a professional musician. On October 4, 2003, he went to the emergency department at Scarborough Centenary Hospital suffering from a sudden severe headache. He had a similar headache nine days earlier. He was diagnosed both clinically and by a CT scan with a Grade one subarachnoid haemorrhage which is a haemorrhage around the brain. He was alert and aware and his body parts were working. He was immediately transferred to the Hospital.

[7] At the Hospital, an angiogram confirmed that Mr. Sozonchuk had an aneurysm which had burst in the anterior communicating artery area of his brain (between the eyes in the forehead). Mr. Sozonchuk came under the care of Dr. Michael Tymianski, a staff neurosurgeon at the Hospital and it was determined that he would require surgical intervention. Dr. Tymianski performed micro-surgery on Mr. Sozonchuk early on the morning of October 5, 2003, and repaired the aneurysm.

[8] The operation which involved placing a clip on the anterior communicating artery was difficult but successful. During the course of the surgery, an artery in the brain, the Heubner artery, had to be sacrificed. As a result of both the location of the surgery and the loss of the Heubner artery, Mr. Sozenchuk suffered some injury from a stroke on the left side of his brain.

[9] Following the operation, Mr. Sozonchuk was placed in the intensive care unit (“ICU”) at the Hospital for a brief period and then later on October 5, 2003, he was transferred to the Neuro Step-Down Unit, a specialized neurological intensive care unit located on the same floor and adjacent to the ICU. Despite the difficult surgery, Dr. Tymianski felt that Mr. Sozenchuk’s overall prognosis was on average very good.

(Full decision text continues exactly as in the source.)

L. A. Pattillo J.

Released: January 6, 2012

DATE: 20120106

DOCKET: 04-CV-272449 CM2

ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: STEPHEN MICHAEL SOZONCHUK, MARGARET RACHEL MOSER, MIKELINA NAOMI MOSER SOZONCHUK, ELIZABETH ANNE SOZONCHUK Plaintiffs - and - CAROL POLYCH, UNIVERSITY HEALTH NETWORK c.o.b. AS TORONTO WESTERN HOSPITAL, ONTARIO BEST NURSING AGENCY LTD. Defendants REASONS FOR JUDGMENT PATTILLO J.

Released: January 6, 2012