The plaintiff brought a medical malpractice action against his family physician, alleging the physician failed to diagnose and treat a respiratory infection over several months.
The plaintiff was eventually hospitalized and required invasive surgery for streptococcal empyema, resulting in chronic pain and other ailments.
The court found that while the plaintiff did suffer from respiratory symptoms prior to his hospitalization, he failed to prove on a balance of probabilities that he reported these symptoms to the defendant during his monthly visits.
The court held that the defendant met the standard of care of a reasonable family physician and dismissed the action.
