Plaintiff
Defendant
Factual Background:
Viorica Lungu filed a medical malpractice claim against Dr. Tanya Cabrita, alleging negligence during a trigger point needling procedure on May 10, 2021. Ms. Lungu claimed the procedure caused permanent pain and injury. She further alleged that Dr. Cabrita failed to obtain informed consent and committed battery by continuing the procedure.
Legal Issues:
Key issues included:
Findings on Standard of Care:
The court found no breach of the standard of care, relying on an expert report from Dr. Heather Finlayson, which stated the procedure was appropriate, and the alleged risks (e.g., bone injuries) were not recognized risks.
Findings on Informed Consent and Battery:
The court accepted that consent was verbal and did not find evidence to support the claim that undisclosed risks materialized. Ms. Lungu’s assertion of malintent lacked credibility, and her cooperation during the procedure implied consent.
Conclusion and Costs:
The court dismissed all claims, including negligence, lack of informed consent, and battery. It awarded costs to Dr. Cabrita as the successful party, though the judgment did not specify the exact amount.
Court
Supreme Court of British ColumbiaCase Number
S03765Practice Area
Tort lawAmount
Winner
DefendantTrial Start Date
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