What is the range of damages for a man who suffered severe swelling in his scrotum as a result of an accident during a procedure for a vasectomy?

British Columbia, Canada


The following excerpt is from Williams v. Cumberlidge, 1999 CanLII 7026 (BC SC):

This is not an area of personal injury where a great deal of helpful authority is to be found on the subject of damages. However, there are several decisions which parallel the problems experienced by the plaintiff. Nevison v. Hayward [1989] B.C.J. (Q.L.) No. 1430 (B.C.S.C.) is one of the more helpful cases. That case involved a finding of negligence against a doctor who performed a vasectomy on the plaintiff in May of 1985. During the surgery the defendant inadvertently cut an artery in the plaintiff's scrotum resulting in an acute haematoma which caused the plaintiff extreme pain. The acute phase of the pain was of a relatively short duration but pain and discomfort continued for a few years. Mr. Justice Wood, as he then was, described the nature of the injuries on p.13: [T]he plaintiff's scrotum and surrounding tissues were markedly swollen and a consequence of the acute haematoma which developed. He described himself as black and blue from his knees to his lower rib cage. Because of the swelling it wa some time before he could even get his legs together sufficiently to put on a pair of trousers. Initially he could not work nor could he engage in most of the activities associated with day-to-day living.

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