Barcus v. Brown and Foothills Provincial General Hospital, (1976) 2 A.R. 89 (TD)

• Judge: O'Byrne, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 12, 1976
• Citations: (1976), 2 A.R. 89 (TD)

Barcus v. Brown (1976), 2 A.R. 89 (TD)

MLB headnote and full text

Barcus v. Brown and Foothills Provincial General Hospital

Indexed As: Barcus v. Brown and Foothills Provincial General Hospital

Alberta Supreme Court

Trial Division

Judicial District of Calgary

O'Byrne, J.

November 12, 1976.

Summary:

This headnote contains no summary.

Torts - Topic 35

Negligence - Standard of care - Medical doctors - The defendant doctor performed a surgical operation on the plaintiff's inner ear - The surgeon used a drill to make an opening in the bone - During the operation the burr or drill bit came loose on two occasions and had to be replaced - Later during the operation the burr separated from the drill at velocity and struck and damaged the plaintiff's facial nerve - The Alberta Supreme Court, Trial Division, dismissed the plaintiff's action - The Supreme Court stated that the defendant doctor exercised acceptable measures of care and skill - The Supreme Court stated that the surgeon is not a guarantor.

Counsel:

A.D. Hunter, for the plaintiff;

J.C. Major, Q.C., for the defendant Brown;

R.M. Cairns, for the defendant Foothills General Hospital.

Judgment was delivered orally by O'BYRNE, J., at Calgary, Alberta on November 12, 1976.