Laferrière v. Lawson

Laferrière v. Lawson

Appeal allowed in part: the Court rejected the generalized application of the loss of chance doctrine to established sickness or death in Quebec medical malpractice claims and held that causation must be proved on the balance of probabilities; however the appellant's failure to inform and follow up caused compensable psychological injury and a diminution in quality of life, for which a partial monetary award was justified.

Citation
[1991] 1 SCR 541
Parties
Appellant (physician): Dr. Ray Lawson; Respondent (testamentary Executor of Mireille Fortier‑dupuis): Me Nicole Laferrière
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 March 1991
Procedural Posture
Civil Appeal Medical Malpractice/tort / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
Outcome
Appeal allowed in part; award reduced from Court of Appeal but respondent awarded damages for psychological injury and diminished quality of life; La Forest J. dissented.
Legal Topics
Loss of Chance, Causation, Duty to Inform, Failure to Follow‑up, Damages for Psychological Injury, Quantification of Probabilistic Harm
Source Language
English
Professional Law Torts Medical Malpractice Civil Responsibility Evidence Loss of Chance Causation Duty to Inform +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Dr. Ray Lawson

Appellant (physician)

Me Nicole Laferrière

Respondent (testamentary Executor of Mireille Fortier‑dupuis)

Procedural Posture

Civil Appeal Medical Malpractice/tort / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal

Legal Issues

  1. 1 Whether plaintiff can recover where it is not proven that the patient's ultimate fate would have been different absent the doctor's fault
  2. 2 Whether the 'loss of chance' doctrine should be adopted in Quebec medical malpractice law
  3. 3 Whether the doctor's failure to inform and to arrange follow‑up caused death, physical suffering, or psychological injury

Ratio Decidendi

Appeal allowed in part: the Court rejected the generalized application of the loss of chance doctrine to established sickness or death in Quebec medical malpractice claims and held that causation must be proved on the balance of probabilities; however the appellant's failure to inform and follow up caused compensable psychological injury and a diminution in quality of life, for which a partial monetary award was justified.

Court Disposition

Appeal allowed in part; award reduced from Court of Appeal but respondent awarded damages for psychological injury and diminished quality of life; La Forest J. dissented.

Orders

  • Appellant to pay respondent $17,500 CAD with interest and additional indemnity pursuant to art. 1078.1 C.C.L.C. beginning April 1, 1983, and costs throughout