Dental “Failure to Warn” Case Dismissed Where Court Finds Reasonable Person Would Have Consented To Risks
Reasons for judgement were published this week by the BC Court of Appeal finding that no error was made by a trial judge who dismissed a dental surgery negligence claim where risks of the procedure were not adequately canvassed with a patient.
In this week’s case (Warlow v. Sadeghi) the Plaintiff was a patient who underwent dental surgery by the Defendant. The procedure resulted in an “injured a nerve in Ms. Warlow’s lower right jaw, resulting in permanent and debilitating nerve pain that has altered virtually every aspect of her life.“. Prior to surgery the Defendant did not adequately inform the plaintiff of this potential risk. Despite this the trial judge dismissed the claim finding a reasonable patient would have consented had the risk been canvassed. In dississing the plaintiff’s appeal the BC Court of Appeal provided the following reasons: