Mangelana v. McFadzen et al., (2006) 397 A.R. 140 (NWTCA)

• Judge: Fruman, Ritter and Veale, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: June 27, 2006
• Jurisdiction: Northwest Territories
• Citations: (2006), 397 A.R. 140 (NWTCA)

Mangelana v. McFadzen (2006), 397 A.R. 140 (NWTCA);

      384 W.A.C. 140

MLB headnote and full text

Temp. Cite: [2006] A.R. TBEd. OC.034

Spencer Mangelana (appellant/plaintiff) v. J. McFadzen, Helene Belanger, Lorrie Meissner, Inuvik Regional Health and Social Services Authority, operating facilities known as Tuktoyaktuk Health Centre and Inuvik Regional Hospital, Dr. Botha (respondents/defendants)

(A-1-AP 2005000015; 2006 NWTCA 6)

Indexed As: Mangelana v. McFadzen et al.

Northwest Territories Court of Appeal

Fruman, Ritter and Veale, JJ.A.

September 12, 2006.

Summary:

The plaintiff developed an infection when he had a tonsillectomy in 1992. He alleged that Dr. Botha, the surgeon who performed the tonsillectomy at the Inuvik Regional Hospital (IRH), and three nurses who were stationed at the Tuktoyaktuk Health Centre (THC), each failed to diagnose and treat his infection and that their negligence caused his infection to deteriorate to bilateral pneumonia and adult respiratory distress syndrome. The plaintiff sued Dr. Botha, the Inuvik Regional Health and Social Services Authority (which operated the IRH and the THC), and the nurses.

The Northwest Territories Supreme Court, in a decision reported at [2005] Northwest Terr. Cases Uned. 41; 2005 NWTSC 41, dismissed the action. Although the court found that Dr. Botha breached his duty of care, it held that there was an absence of evidence establishing a causal link between the doctor's negligence and the plaintiff's injuries. The court also held that the nurses met the standard of care expected of them. The plaintiff appealed from the court's assessment as to causation and from the finding that the nurses were not liable. If the trial judge's decision on causation was reversed, then Dr. Botha cross-appealed from the finding that the nurses were not liable.

The Northwest Territories Court of Appeal allowed the plaintiff's appeal and Dr. Botha's cross-appeal. The court held that the trial judge erred in his approach to causation by failing to properly assess the evidence establishing a causal link between Dr. Botha's negligence and the plaintiff's injuries. He also erred in failing to impose liability against the nurses based on their failure to meet the standard of care expected of them. The court assessed liability 80% to Dr. Botha and 20% to the nurses.

Medicine - Topic 4241.2

Liability of practitioners - Negligence or fault - Causation - The plaintiff developed an infection when he had a tonsillectomy in 1992 - He sued the surgeon (Dr. Botha) who performed the tonsillectomy, as well as three nurses stationed at a health centre, alleging that their failure to diagnose and treat his infection caused it to deteriorate to bilateral pneumonia and adult respiratory distress syndrome - The trial judge found that Dr. Botha was negligent in failing to conduct a preoperative assessment or a physical examination of the plaintiff before his release from hospital, and in failing to respond appropriately to information provided by nursing staff - However, the trial judge found no causal connection between Dr. Botha's negligence and the plaintiff's injuries - He also found that the nurses met the required standard of care - The plaintiff appealed - The Northwest Territories Court of Appeal allowed the appeal - The plaintiff had established that the failure to detect his infection on a timely basis caused or contributed to his injuries - The nurses also failed to meet the standard of care expected of them where they did not take further steps to either confirm or rule out their suspicions of an infection, they did not seek instructions from Dr. Botha and they did not provide the plaintiff with a general antibiotic (because of their remote location, the nurses had the discretion to prescribe antibiotics) - The court assessed liability 80% to Dr. Botha and 20% to the nurses.

Medicine - Topic 4250

Liability of practitioners - Negligence or fault - Failure to diagnose an illness or condition - [See Medicine - Topic 4241.2 ].

Medicine - Topic 4254

Liability of practitioners - Negligence or fault - Post-operative care - [See Medicine - Topic 4241.2 ].

Medicine - Topic 4255

Liability of practitioners - Negligence or fault - Pre-operative treatment - [See Medicine - Topic 4241.2 ].

Medicine - Topic 6864

Nurses - Negligence - Patient care - Standard of care - [See Medicine - Topic 4241.2 ].

Medicine - Topic 6866

Nurses - Negligence - Patient care - Negligent care - [See Medicine - Topic 4241.2 ].

Cases Noticed:

Housen v. Nikolaisen et al., [2002] 2 S.C.R. 235; 286 N.R. 1; 219 Sask.R. 1; 272 W.A.C. 1; 2002 SCC 33, refd to. [para. 15].

St-Jean v. Mercier, [2002] 1 S.C.R. 491; 282 N.R. 310; 209 D.L.R.(4th) 513; 2002 SCC 15, refd to. [para. 16].

Meyers v. Stanley et al. (2005), 363 A.R. 262; 343 W.A.C. 262; 2005 ABCA 114, refd to. [para. 16].

Meyers v. Moscovitz - see Meyers v. Stanley et al.

Strichen et al. v. Stewart (2005), 367 A.R. 18; 346 W.A.C. 18; 2005 ABCA 155, refd to. [para. 17].

Snell v. Farrell, [1990] 2 S.C.R. 311; 110 N.R. 200; 107 N.B.R.(2d) 94; 267 A.P.R. 94, consd. [para. 18].

Athey v. Leonati et al., [1996] 3 S.C.R. 458; 203 N.R. 36; 81 B.C.A.C. 243; 132 W.A.C. 243, consd. [para. 19].

Authors and Works Noticed:

Picard, Ellen I., and Robertson, Gerald B., Legal Liability of Doctors and Hospitals in Canada (3rd Ed. 1996), p. 357 [para. 35].

Counsel:

Joseph V. Miller and Sheila J. Torrance, for the appellant;

Garth Malakoe and Terry Nguyen, for the respondents, J. McFadzen, Helene Belanger, Lorrie Meissner, and Inuvik Regional Health and Social Services Authority, operating facilities known as Tuktoyaktuk Health Centre and the Inuvik Regional Hospital;

Jonathan P. Rossall and Alexis Moulton, for the respondent, Dr. Botha.

This appeal and cross-appeal were heard on June 27, 2006, before Fruman, Ritter and Veale, JJ.A., of the Northwest Territories Court of Appeal. The following memorandum of judgment of the Court of Appeal was filed on September 12, 2006.