Rybakov v. Khattak
Dmitri Rybakov
Law Firm / Organization
Preszler Injury Lawyers BC
Lawyer(s)

Dairn Owen Shane

Dr. Abid Saeed Khattak
Law Firm / Organization
Harper Grey LLP
Dr. Emad Halim Zaghloul
Law Firm / Organization
Harper Grey LLP
Dr. Munir Muhammad Malik
Law Firm / Organization
Harper Grey LLP

Background Facts: Rybakov underwent ECT in 2016, with Dr. Khattak prescribing the treatment and Drs. Zaghloul and Malik administering it. The treatment involved controlled seizures induced by electrical charges. Rybakov claimed that the psychiatrists failed to inform him about increases in the electrical charge and duration during later sessions, which he argued would have led him to discontinue the treatment.

Legal Arguments/Issues: The legal issue centered on whether the psychiatrists met the required standard of care. Rybakov did not provide expert evidence to support his claim, which was critical in proving the standard of care in this complex medical procedure. The trial judge dismissed the claim on a no-evidence motion, as expert testimony was deemed necessary.

Judgment and Costs: The Court of Appeal upheld the dismissal, agreeing that expert evidence was required to determine if the standard of care was breached. The court rejected Rybakov’s argument that the jury could independently find negligence. The appeal was dismissed. No specific costs or damages were awarded to either party in the judgment.

Court of Appeals for British Columbia
CA48960
Tort law
Respondent