Rashwan v. Women's College Hospital and Staff

Rashwan v. Women's College Hospital and Staff

The appeal was dismissed because the respondent's expert evidence on causation was uncontradicted, medical records showed the wound was clean and dry for four days before infection, and consequently there was no genuine issue for trial or likelihood of success on negligence.

Citation
C38758
Parties
Plaintiff (appellant): Mervat S. A. Rashwan; Plaintiff (appellant): Magdy A. Rashwan; Defendant (respondent): Women's College Hospital and Staff
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
11 March 2003
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Causation, Expert Evidence, Post Operative Care, Surgical Wound Infection
Source Language
English
Civil Procedure Medical Negligence Tort Summary Judgment Causation Expert Evidence Post Operative Care Surgical Wound Infection

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 2 Party arguments 2
Sign in to unlock

Parties

Mervat S. A. Rashwan

Plaintiff (appellant)

Magdy A. Rashwan

Plaintiff (appellant)

Women's College Hospital and Staff

Defendant (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether failure to change post-operative dressing caused the surgical wound infection
  2. 2 Whether there was a genuine issue for trial sufficient to defeat summary judgment
  3. 3 Whether the plaintiff produced evidence to contradict the defendant's expert on causation

Ratio Decidendi

The appeal was dismissed because the respondent's expert evidence on causation was uncontradicted, medical records showed the wound was clean and dry for four days before infection, and consequently there was no genuine issue for trial or likelihood of success on negligence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed