Konkolus v. Royal Alexandra Hospital (Board of Governors), Trautman and Cuthbertson, (1982) 38 A.R. 486 (QB)

• Judge: MacNaughton, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 14, 1982
• Citations: (1982), 38 A.R. 486 (QB)

Konkolus v. Royal Alexandra Hospital (1982), 38 A.R. 486 (QB)

MLB headnote and full text

Konkolus v. Board of Governors, Royal Alexandra, Royal Alexandra Hospital, Trautman and Cuthbertson

(No. 112079)

Indexed As: Konkolus v. Royal Alexandra Hospital (Board of Governors), Trautman and Cuthbertson

Alberta Court of Queen's Bench

Judicial District of Edmonton

MacNaughton, J.

July 14, 1982

Summary:

A patient brought an action against a doctor for damages as a result of an operation performed on him by the doctor. The Alberta Court of Queen's Bench dismissed the action.

Medicine - Topic 4258

Liability of practitioners - Negligence - Res ipsa loquitur - A patient complained of pain before and following an operation - The patient submitted that the doctor negligently performed the operation on him and that res ipsa loquitur applied - The patient had a history of alcoholism, diabetes, hypertension, gout and he overreacted to and exaggerated his problems - The Alberta Court of Queen's Bench held that res ipsa loquitur did not apply, because the doctor was not negligent in performing the operation and the pain could have resulted for other reasons - See paragraphs 12 and 20.

Medicine - Topic 3045

Relation with patient - Consent to treatment - What constitutes informed consent - A patient brought an action against a doctor for damages as a result of an ulnar nerve release operation after which the patient experienced numbness and pain in the forearm - Two similar operations had been performed on the patient by the doctor - The patient signed a consent form - The Alberta Court of Queen's Bench held that the patient was aware of the nature of the operation - The court stated that the risk of numbness did not require specific disclosure, because it was not reasonably foreseeable as a risk or material to the operation - See paragraph 23.

Cases Noticed:

Cardin v. City of Montreal (1961), 29 D.L.R.(2d) 492, consd. [para. 8].

Vail v. MacDonald (1976), 8 N.R. 155, consd. [para. 10].

Kapur v. Marshall et al., 85 D.L.R.(3d) 573, consd. [para. 11].

Jackson v. Millar (1975), 59 D.L.R.(3d) 259; 4 N.R. 17, consd. [para. 12].

Wilcox v. Cavan (1979), 50 D.L.R.(3d) 95; 2 N.R. 618, consd. [para. 18].

Hopp v. Lepp, [1980] 4 W.W.R. 660; 32 N.R. 145, consd. [para. 21].

Reibel v. Hughes, 114 D.L.R.(3d) 5; 33 N.R. 361, consd. [para. 22].

Leadbetter v. Brand et al. (1980), 37 N.S.R. 581; 67 A.P.R. 581, consd. [para. 24].

Schwetzer v. Central Hospital et al., 6 O.R.(2d) 606, consd. [para. 24].

Videto v. Kennedy, 33 R.R.(2d) 497, consd. [para. 24].

MacLean v. Weir, [1977] 5 W.W.R. 609, consd. [para. 24].

Strachan v. Simpson et al., 10 C.C.L.T. 145, consd. [para. 24].

Dendas (Taylor) et al. v. Yackel, 12 C.C.L.T. 147, consd. [para. 24].

Authors and Works Noticed:

Clark and Lindsel on Torts (13th Ed. 1969), p. 968 [para. 12].

Meredith on Malpractice Liability of Doctors and Hospitals [para. 9].

Sunderland on Nerve and Nerve Injuries [para. 17].

Counsel:

J.A. Weir, Q.C., for the plaintiff;

W.M. Wintermute, for the defendants, Royal Alexandra Hospital and Allen Francis Trautman;

R.M. Wilkinson, for the defendant, Alexandre Neil Cuthbertson.

This case was heard before MacNAUGHTON, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on July 14, 1982.