The Duty to Provide for Aftercare in the Hospital Emergency Room
The Court of Appeal has released its decision in Rollin v. Baker 2010 ONCA 569 (CanLII). The result is a reaffirmation of its decision in Tacknyk v. Lake of the Woods Clinic, [1982] O.J. No. 170 on the standard of care in after care.
Rollin broke her wrist in a fall suffering a classic injury known as a Colle’s fracture. She went to the hospital where her wrist was reset with closed reduction followed by the application of a cast. Unfortunately the wrist alignment did not remain in place and as various important follow up steps were not taken Rollin went on to suffer pain, disfigurement and limitations even after two corrective surgeries. She sued the emergency room physician.
The trial judge found that the defendant fell below the standard of care by failing to follow proper x-ray procedures, failing to provide sufficient information about after-care, and failing to ensure either that Rollin’s family doctor was able to take responsibility for her care or that she was provided with an appropriate back-up. No appeal was taken from this first finding of negligence. The defendant appealed the other findings of negligence as well as the issue of causation.
