Grennan Estate v. Reddoch et al., (2002) 176 B.C.A.C. 90 (YukCA)
Judge | Ryan, Braidwood and Hall, JJ.A. |
Court | Court of Appeal (Yukon Territory) |
Case Date | December 13, 2002 |
Jurisdiction | Yukon |
Citations | (2002), 176 B.C.A.C. 90 (YukCA);2002 YKCA 17 |
Grennan Estate v. Reddoch (2002), 176 B.C.A.C. 90 (YukCA);
290 W.A.C. 90
MLB headnote and full text
Temp. Cite: [2002] B.C.A.C. TBEd. DE.014
Simon Edward Grennan, Administrator of the Estate of Mary-Ann Grennan, Deceased (respondent/plaintiff) v. Dr. Allon Reddoch and Whitehorse General Hospital (appellants/defendants)
(00-YU452; 00-YU453; 2002 YKCA 17)
Indexed As: Grennan Estate v. Reddoch et al.
Yukon Court of Appeal
Ryan, Braidwood and Hall, JJ.A.
December 13, 2002.
Summary:
The estate of a deceased patient brought an action against the defendant doctor and hospital for damages for medical malpractice.
The Yukon Supreme Court allowed the action, finding the doctor negligent and 2/3 liable and the hospital vicariously liable for the negligence of a nurse and 1/3 liable. The defendants appealed.
The Yukon Court of Appeal allowed the appeals and dismissed the action against both defendants.
Editor's Note: See also the previous case in these reports. See also a related case on disciplinary proceedings against the defendant doctor at 161 B.C.A.C. 131; 263 W.A.C. 131.
Estoppel - Topic 386
Estoppel by record (res judicata) - Res judicata as a bar to subsequent proceedings - Issues decided in prior proceedings (incl. validity of statutes) - [See Estoppel - Topic 388 ].
Estoppel - Topic 388
Estoppel by record (res judicata) - Res judicata as a bar to subsequent proceedings - Decisions of administrative tribunals - Disciplinary proceedings were commenced against a family physician after a patient's death - The Medical Council found the doctor guilty of unprofessional conduct (which was overturned on appeal) - A civil action was also commenced against the doctor for medical negligence - The doctor was found negligent and 2/3 at fault - The Yukon Court of Appeal held that it would be unjust to import the findings of an administrative tribunal such as the Medical Council into the related civil proceedings - Issue estoppel would not apply as a basis for an adverse finding against the doctor - See paragraphs 28, 30 to 35.
Hospitals - Topic 2102
Liability of hospitals - For acts of others - For acts of nurses - A teenaged hospital patient suffering from the rare disease botulism was mis-diagnosed - She was found not breathing; resuscitation efforts preserved life, but she never regained consciousness due to deprivation of oxygen - She died months later - The hospital was found vicariously liable for the negligence of one nurse and 1/3 at fault - The Yukon Court of Appeal held that the nurse was not neglectful of her patient and did not fail to comply with appropriate nursing standards - The court dismissed the patient's estate's case against the hospital - See paragraphs 50 to 53.
Medicine - Topic 4250
Liability of practitioners - Negligence or fault - Failure to diagnose an illness - A teenaged patient was admitted to hospital on a Saturday; the diagnosis was gastroenteritis - Her family physician attended her Sunday afternoon and Monday - He diagnosed anaemia and later, tonsillitis - On Monday evening the patient was found not breathing, but resuscitation preserved life for several months - She suffered irreversible brain damage and never regained consciousness - The Yukon Court of Appeal held that the physician acted appropriately in his assessment and treatment of the patient, having no cause to suspect she was in grave peril from a rare and lethal disease (botulism) - This illness was difficult to diagnose and the patient displayed somewhat atypical symptoms and appeared at times to improve - See paragraphs 36 to 49.
Medicine - Topic 6866
Nurses - Negligence - Patient care - Negligent care - [See Hospitals - Topic 2102 ].
Cases Noticed:
Danyluk v. Ainsworth Technologies Inc. et al., [2001] 2 S.C.R. 460; 272 N.R. 1; 149 O.A.C. 1, consd. [para. 30].
British Columbia (Minister of Forests) v. Bugbusters Pest Management Inc. (1998), 107 B.C.A.C. 191; 174 W.A.C. 191; 50 B.C.L.R.(3d) 1 (C.A.), consd. [para. 32].
Burchill v. Yukon Territory (Commissioner) (2002), 165 B.C.A.C. 295; 270 W.A.C. 295 (Yuk. C.A.), consd. [para. 33].
Raison v. Fenwick (1981), 120 D.L.R.(3d) 622 (B.C.C.A.), dist. [para. 34].
Child v. Vancouver General Hospital (1968), 67 W.W.R.(N.S.) 169, affd. [1970] S.C.R. 477, refd to. [para. 36].
Neuzen v. Korn, [1995] 3 S.C.R. 674; 188 N.R. 161; 64 B.C.A.C. 241; 105 W.A.C. 241; [1995] 10 W.W.R. 1; 127 D.L.R.(4th) 577, refd to. [para. 42].
Lapointe v. Chevrette, [1992] 1 S.C.R. 351; 133 N.R. 116; 45 Q.A.C. 262; 90 D.L.R.(4th) 7, refd to. [para. 44].
Brimacombe v. Mathews et al. (2001), 150 B.C.A.C. 71; 245 W.A.C. 71; 87 B.C.L.R.(3d) 75 (C.A.), dist. [para. 45].
Anderson v. Chasney, [1949] 4 D.L.R. 71 (Man. C.A.), affd. [1950] 4 D.L.R. 223 (S.C.C.), consd. [para. 47].
Authors and Works Noticed:
American Law Institute, Restatement of the Law (Second), Judgments (2nd Ed. 1982), vol. 2, s. 83(2)(e) [para. 34].
Counsel:
C.E. Hinkson, Q.C., and N.L. Trevethan, for the appellant, Dr. Allon Reddoch;
J.C. Grauer, for the appellant, Whitehorse General Hospital;
R.D. Gibbens, for the respondent.
This appeal was heard in Vancouver, British Columbia, on October 21 to 23, 2002, before Ryan, Braidwood and Hall, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered by Hall, J.A., on December 13, 2002.
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