Cryderman v. Ringrose, (1977) 6 A.R. 21 (DC)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 25, 1977
• Jurisdiction: Alberta
• Citations: (1977), 6 A.R. 21 (DC)

Cryderman v. Ringrose (1977), 6 A.R. 21 (DC)

MLB headnote and full text

Cryderman v. Ringrose

Indexed As: Cryderman v. Ringrose

Alberta District Court

Judicial District of Edmonton

Stevenson, J.

February 25, 1977.

Summary:

This headnote contains no summary.

Medicine - Topic 4248

Liability of practitioners - Negligence - Failure of doctor to inform patient of uncertainties of treatment - A married female patient consulted the defendant gynaecologist respecting sterilization - The doctor used a new and not generally accepted procedure which involved the transcervical application of silver nitrate to the uterus - The patient was not told that there was a significant risk of failure and that there might be unacceptable effects on the lining of the uterus - After the treatment the patient became pregnant and because of her fears of an abnormal pregnancy she underwent a therapeutic abortion by hysterectomy - The Alberta District Court held that the doctor was negligent in failing to inform the patient of the uncertainties of treatment.

Damage Awards - Topic 634

Torts affecting the person - Medical malpractice - The defendant doctor was negligent in failing to inform a female patient of the uncertainties and consequences of a sterilization procedure - The patient developed an unwanted pregnancy which resulted in fears of an abnormal pregnancy due to the application of silver nitrate to the woman's uterus by the doctor - The woman sustained severe distress and underwent a therapeutic abortion by hysterectomy - The Alberta District Court awarded the woman $5,000.00 general damages - See paragraphs 35 to 37.

Damages - Topic 1297

Exemplary or punitive damages - Conditions precedent - The defendant doctor was negligent in failing to inform a female patient of the uncertainties and consequences of a sterilization procedure - The patient subsequently became pregnant and later underwent a therapeutic abortion by hysterectomy - The Alberta District Court refused to award the patient punitive damages - The Alberta District Court stated that the defendant's conduct did not offend the ordinary standards of morality and did not depart from the norm to a marked degree - See paragraph 34.

Cases Noticed:

R. v. Bateman, 41 T.L.R. 557, refd to. [para. 19].

Hunter v. Hambley, [1955] S.C. 213, refd to. [para. 19].

Bolam v. Freean, [1957] 1 W.L.R. 582, refd to. [para. 19].

Halushka v. University of Saskatchewan (1965), 52 W.W.R. 608, refd to. [para. 19].

Smith v. Auckland Hospital Board, [1964] N.Z.L.R. 241, folld. [para. 23].

Kelly v. Hazlett (1976), 1 C.C.L.T. 1, folld. [para. 30].

Rookes v. Bernard, [1964] A.C. 1129, not folld. [para. 34].

Paragon Properties Ltd. v. Magna Investment, [1972] 3 W.W.R. 106, folld. [para. 34].

Authors and Works Noticed:

Bowker, Experimentation on Humans and Gifts of Tissue, 19 McGill Law Journal 161 [para. 22].

Waddams, Medical Experimentation on Human Subjects (1965), U. of T. Faculty of Law Review 25 [para. 22].

Counsel:

R. Sadownik, for the plaintiff;

J.E. Redmond, Q.C., for the defendant.

The judgment of the Alberta District Court was delivered by STEVENSON, J., at Edmonton, Alta., on February 25, 1977.