Lorencz v Talukdar
Courtney Lee Lorencz
Law Firm / Organization
Miller Thomson LLP
Tracy Lorencz
Law Firm / Organization
Miller Thomson LLP
James Albert Lorencz
Law Firm / Organization
Miller Thomson LLP
Sneha Prabha Talukdar
Law Firm / Organization
McKercher LLP
Robert Bogden Babchuk
Law Firm / Organization
McKercher LLP

Background:
Courtney Lee Lorencz, Tracy Lorencz, and James Albert Lorencz appealed the dismissal of their negligence claim against Dr. Sneha Prabha Talukdar, alleging her failure to refer James Lorencz to a cardiologist contributed to his death following a heart attack in 2005. The trial judge found Dr. Talukdar breached her duty of care but ruled her negligence did not cause the death.

Legal Issues:

  1. Whether the trial judge erred in applying the correct legal test for causation.
  2. Whether the conclusion that Dr. Talukdar’s negligence did not cause Mr. Lorencz’s death was unsupported by evidence.

Court Findings:
The Court of Appeal upheld the trial decision. It ruled that the judge applied the correct "but-for" causation test and did not commit any palpable or overriding errors. The evidence showed no indication that Mr. Lorencz would have received timely cardiac care even if referred. The plaintiffs’ arguments about risks and emergency options were speculative.

Costs and Outcome:
The appeal was dismissed, and the Court awarded costs to Dr. Talukdar, though the specific amount was not detailed in the decision.

Key Points:

  • Medical malpractice claims fell under tort law.
  • The trial court rejected liability for both defendants but found Dr. Talukdar breached the standard of care.
  • Plaintiffs failed to prove causation, resulting in no damages awarded.
Court of Appeal for Saskatchewan
CACV4127
Tort law
Respondent