Plaintiff
Defendant
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:
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.
Court
Supreme Court of British ColumbiaCase Number
S121455Practice Area
Tort lawAmount
Winner
DefendantTrial Start Date
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