In what circumstances will a court award punitive damages for a doctor who operated on the wrong spinal disc?
Ontario, Canada
The following excerpt is from McIntyre v. Grigg, 2006 CanLII 37326 (ON CA):
For example, in Gerula v. Flores, supra, this court found the trial judge erred in not awarding punitive damages against the defendant doctor who had operated on the plaintiff's wrong spinal disc. After the operation the doctor discovered the error, he failed to inform the defendant, altered his notes to cover up his error and persuaded the plaintiff to consent to further surgery to correct his mistake. At para. 72, Weiler J.A. found that the doctor's conduct was more than mere negligence because of his "deliberate non- disclosure" of his error (emphasis added).
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