A chiropractic patient recently won a difficult case against a local doctor alleging neck manipulation caused her stroke. The case was tried in St. John’s.
In Gallant v. Brake-Patten the patient won on the point that she was not advised by the doctor of the risk of stroke. She also satisfied the judge that she would not have undergone the procedure if properly advised. And very importantly, she convinced the court that she would not have suffered the stroke, but for the chiropractic procedure.
The plaintiff was ably represented by Lois Skanes of Roebothan McKay Marshall.
Teaching point: cases are infrequently won on the ground of absence of informed consent. But on the right facts, informed consent cases are winnable. Damages are to be assessed later, or agreed.