Background: Bradley Focken, who had a history of tongue cancer, was hospitalized on December 19, 2018, after a significant bleed. His wife alleged that the attending physicians, Dr. Miller and Dr. Best, failed to perform an embolization procedure urgently, leading to a fatal bleed in the early hours of December 20, 2018.

Legal Issues: The appellant argued that the trial judge made errors in assessing the standard of care by not properly weighing the foreseeable risks to the patient and not recognizing that delaying the procedure was fraught with obvious risks. She also contended that the judge misapprehended expert testimony and relied too heavily on anecdotal evidence regarding complications in after-hours procedures.

Decision: The British Columbia Court of Appeal dismissed the appeal. The court found that the trial judge correctly assessed the standard of care, considering expert testimony that supported the decision to schedule the procedure for the next morning. The judge did not err in weighing the risks or in his reliance on expert opinions.

Costs/Awards: The appeal was dismissed with costs awarded to the respondents (Dr. Miller and Dr. Best), although the specific amount of costs was not detailed in the summary.