Pellerin v. Balfour
Nicole Laurette Pellerin
Law Firm / Organization
Murphy Battista LLP
Lawyer(s)

Keri Grenier

Dr. Nicholas James Broadfoot Balfour
Law Firm / Organization
Harper Grey LLP
Dr. Nevin Victor de Korompay
Law Firm / Organization
Harper Grey LLP
Interior Health Authority operating a public hospital under the name of Kelowna General Hospital
Law Firm / Organization
Unrepresented

Key Facts:
Nicole Laurette Pellerin (plaintiff) alleged medical negligence against Dr. Nicholas James Broadfoot Balfour (defendant), an emergency room physician at Kelowna General Hospital. On November 30, 2016, Dr. Balfour discharged Ms. Pellerin with a suspected ruptured ovarian cyst after assessing her for abdominal pain. She was later diagnosed with a punctured appendix requiring surgery.

Legal Issues:
The court examined:

  1. Whether Dr. Balfour breached the standard of care in diagnosing and treating Ms. Pellerin.
  2. Whether he failed to take an adequate medical history or physical examination.
  3. Whether discharge instructions were misleading or inadequate.

Findings:
Justice Girn held that Dr. Balfour met the standard of care expected of a competent emergency physician. The ultrasound confirmed a normal appendix, and his decision to rely on it and not order further tests, such as a CT scan, was reasonable. The discharge instructions, though contested, were deemed adequate, emphasizing follow-up if symptoms worsened.

Conclusion:
The court found no negligence. Ms. Pellerin’s claim was dismissed.

Costs/Awards:
The court awarded no damages or costs to Ms. Pellerin, and costs were not specified in favor of Dr. Balfour pending submissions within 21 days.

Supreme Court of British Columbia
S121455
Tort law
Defendant