Plaintiff
Defendant
Background Facts:
Flavia Brociner, self-represented, sued Dr. Darryl Ableman, her former family doctor, for medical negligence in managing her hypothyroidism. She claimed Dr. Ableman overprescribed Synthroid (150 mcg daily) and failed to monitor her thyroid levels, leading to symptoms such as tachycardia, anxiety, and depression between 2016 and 2018. Dr. Ableman denied negligence and argued that Ms. Brociner was noncompliant with instructions to undergo regular blood tests. He also attributed her symptoms to factors such as menopause and the use of the weight-loss supplement Hydroxycut.
Legal Issues:
Standard of Care: Whether Dr. Ableman breached the standard of care expected of a general practitioner in managing hypothyroidism.
Causation: Whether any breach caused Ms. Brociner’s symptoms.
Contributory Negligence: Whether Ms. Brociner’s failure to follow medical advice contributed to her alleged harm.
Damages and Punitive Damages: Whether damages, including punitive damages, were justified.
Court Findings:
The court found no breach of the standard of care. Expert evidence supported that Dr. Ableman’s treatment conformed to professional standards, except for his passive response to low TSH results in 2017. However, the court concluded that Ms. Brociner’s symptoms were more likely caused by Hydroxycut. Her claim was dismissed.
Award:
The court ordered costs in favor of Dr. Darryl Ableman, at Scale B, as the successful party.
Conclusion:
The court dismissed the action, ruling that Ms. Brociner failed to prove negligence or causation on a balance of probabilities.
Court
Supreme Court of British ColumbiaCase Number
S227788Practice Area
Tort lawAmount
Winner
DefendantTrial Start Date
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