McCormick v. Marcotte

McCormick v. Marcotte

The defendant breached the applicable standard of care by electing an obsolescent plate-and-screw method contrary to the specialist's recommendation, being unqualified for the recommended operation, failing to inform the patient of alternatives, and providing inattentive post-operative care; these failures satisfied the plaintiff's burden to show negligence and causally contributed to the plaintiff's permanent partial incapacity, so the trial judgment in favor of the plaintiff was restored.

Citation
[1972] SCR 18
Parties
Plaintiff/appellant: Donald McCormick; Defendant/respondent: Gaston Marcotte
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 April 1971
Procedural Posture
Medical Malpractice Appeal (civil) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed; judgment at trial restored; costs awarded to appellant.
Legal Topics
Standard of Care, Physician Negligence, Informed Consent (failure to Inform), Causation, Damages
Source Language
English
Professional Law Medical Malpractice Torts Negligence Standard of Care Physician Negligence Informed Consent (failure to Inform) Causation +1 more

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Parties

Donald McCormick

Plaintiff/appellant

Gaston Marcotte

Defendant/respondent

Procedural Posture

Medical Malpractice Appeal (civil) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the defendant physician breached the standard of care in treating a fractured femur
  2. 2 Whether the reasonable care test applies to medical malpractice
  3. 3 Whether the defendant's choice of an obsolete surgical method and inattentive post-operative care caused the plaintiff's permanent partial incapacity

Ratio Decidendi

The defendant breached the applicable standard of care by electing an obsolescent plate-and-screw method contrary to the specialist's recommendation, being unqualified for the recommended operation, failing to inform the patient of alternatives, and providing inattentive post-operative care; these failures satisfied the plaintiff's burden to show negligence and causally contributed to the plaintiff's permanent partial incapacity, so the trial judgment in favor of the plaintiff was restored.

Court Disposition

Appeal allowed; judgment at trial restored; costs awarded to appellant.

Orders

  • Appeal allowed
  • Trial judgment restored in favor of plaintiff