Case information

Torts — Negligence — Standard of care — Foreseeable risk — Patient passed away while hospitalized — Widow asserting attending physicians breached standard of care owed to patient and their negligence caused his death — Lower courts dismissing medical negligence claim — Whether in determining if physicians have met requisite standard of care, does such review require courts to consider degree of foreseeable risk patient is under — Whether court in determining requisite standard of care, must consider whether standard of care employed by physicians is, in and of itself, fraught with obvious risks.

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While hospitalized, a patient experienced bleeding in his throat that obstructed his airway leading to hypoxic cardiac arrest lasting appropriately nine minutes. He was intubated and placed on life support but suffered a significant hypoxic ischemic brain injury. He passed away in the intensive care unit. The applicant, his widow, asserted at trial that the attending physicians breached the standard of care they owed to the patient and their negligence caused his death. The trial judge dismissed the claim. The applicant appealed the dismissal of her action and the Court of Appeal dismissed the appeal.