The court dismissed Omar Lalani’s medical negligence claim against his childhood orthodontist, finding cervical headgear was standard practice in 1989 and no proven causal link to OSA.
Because the plaintiff failed to produce any expert evidence to support her allegations that the defendant breached the standard of care or that non-disclosed risks caused her injury, and the disclosed consent form specifically listed bleeding and authorized assistants, there was no genuine issue of material fact on negligence or informed consent; summary judgment for the defendant is appropriate and the plaintiff's action against Dr. Grimshaw is dismissed.
The court dismissed a medical negligence, informed consent, confidentiality and defamation claim against a urologist after robotic prostatectomy and follow-up care.
Medical negligence action over prednisone treatment for dermatomyositis. The court found a negligent monitoring standard for the rheumatologist, but dismissed the claim on causation.
Summary trial medical negligence and informed consent claim dismissed after the plaintiff adduced no contrary expert evidence and failed the objective consent test.
The Court of Appeal dismissed an appeal in a dental informed-consent case, holding the trial judge could find chronic nerve pain after a root canal was not a material risk requiring disclosure.
Appeal dismissed in an informed-consent medical negligence case arising from wisdom tooth extraction and alleged failure to disclose permanent nerve pain risk.
Modified objective test
Causation
Risk disclosure
Burden of proof
Standard of review (palpable and overriding error)
A British Columbia trial court dismissed a dental informed-consent claim over a root canal, finding the alleged chronic nerve-pain risk was not material and causation was not proved.