Roland Gula v Interhealth Canada (TCI) Limited (CL 78 of 2020) [2022] TCASC 15 (13 May 2022)

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Civil Remedies

Case summary

The Court found that it was the Defendant’s negligence that caused the damage, loss and pain and suffering of which the Plaintiff complained in his Statement of Claim and that such damage, loss and pain and suffering was foreseeable.  The Court found the Defendant liable in clinical negligence in respect of its treatment of the Plaintiff. The Court accepted the evidence of the Plaintiff's expert and the Defendant’s own expert that the tumor would have been discovered earlier had a colonoscopy been carried out. Having been satisfied of the Defendant’s liability in negligence, the Court awarded damages in the sum of $375,438.35, for pain and suffering, loss of amenity, past loss of earnings and for past and future expenses.    Cases Referred to: Armchair Passenger Transport Ltd. v. Helical Bar plc [2003] EWHC 367 QB; Bolam v. Friern Hospital Management Committee [1957] 1W.L.R. 583; Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771; Connelly v. Cardiff and Vale University Health Board [Lawtel 2016]; Pantelli Associates Limited v Corporate City Developments Number Two Ltd [2010] EWHC 3189; The Queen v. Bonython [1984] 38 SASR 45

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