Lungu v. Cabrita
Viorica Lungu
Law Firm / Organization
Self Represented
Tanya Cabrita
Law Firm / Organization
Harper Grey LLP

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:

  • Whether Dr. Cabrita breached the standard of care in performing the procedure.
  • Whether Ms. Lungu gave informed consent.
  • Whether the procedure constituted battery due to a lack of consent.

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.

Supreme Court of British Columbia
S03765
Tort law
Defendant