Supreme Court of Canada
McFadyen v. Harvie, [1942] S.C.R. 390
Date 1942-10-06
Bertha McFadyen and Dougal McFadyen (Plaintiffs) Appellants;
and
C.A. Harvie (Defendant) Respondent.
1942: June 17, 18; 1942: October 6.
Present: Duff C.J. and Rinfret, Kerwin, Hudson and Taschereau JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.
Physicians and surgeons—Negligence—Patient injured by a burn during operation—Cause of burn not established—Procedure followed in operation in accordance with recognized practice—Extent of responsibility of operating surgeon—Evidence—Onus of proof—Applicability of maxim res ipsa loquitur.
APPEAL by the plaintiffs from the judgment of the Court of Appeal for Ontario dismissing their appeal from the judgment of McFarland J. dismissing their action.
[Page 391]
The action was for damages for alleged negligence in connection with an operation performed on the appellant Bertha McFadyen by the respondent, a physician and surgeon.
J.R. Cartwright K.C. for the appellants.
D.L. McCarthy K.C. and W.R. West for the respondent.
The judgment of the Court was delivered by
THE CHIEF JUSTICE—We are of opinion that this appeal should be dismissed. We agree with the reasons delivered by the Chief Justice of Ontario1 and find it unnecessary to add anything to them.
Appeal dismissed with costs.
Solicitor for the appellants: Hugh W. Grant.
Solicitors for the respondent: McCarthy & McCarthy.
Email this Content